Houston probate Attorney Paul T. Hlavinka specializes in estate planning, probate and trust administration, real estate transactions, land titles and business organizations, and tailors his practice to providing comprehensive, affordable estate planning solutions. Wharton County Living Will Attorney Paul Hlavinka utilizes numerous tools to help clients meet their unique financial goals, including:

• Wills, sometimes called a Last Will and Testament, to transfer property you hold in your name to the person(s) and/or organization(s) you want to receive it. A Will also typically names someone you select to be your Personal Representative (Executor) to carry out your instructions and names a Guardian if you have minor children. A Will only becomes effective upon your death, and after it is admitted to probate.
• Durable Powers of Attorney for Health Care or Health Care Proxy appoints a person you designate to make decisions regarding your health care treatment in the event that you are unable to provide informed consent.
• Living Will or Directive to Physicians is an advance directive which gives doctors and hospitals your instructions regarding the nature and extent of the care you want should you suffer permanent incapacity, such as an irreversible coma.
• Durable Powers of Attorney for Property appoints a person you designate to act for you and handle financial matters should you be unable or perhaps unavailable to do so.
• Living Trust can be used to hold legal title to and provide a mechanism to manage your property. You can select a person or persons – often even yourself – as the Trustee(s) to carry out the instructions in the Trust and name one or more Successor Trustees. Unlike a Will, a Trust usually becomes effective immediately, continues in force during your lifetime even in the event of your incapacity, and continues after your death. Most Trusts are revocable which allows the person who creates the Trust to make future changes, modifications and even to terminate it. Trusts also help you avoid or minimize the expenses, delays and publicity of probate.
• Family Limited Partnership can be used to own and manage your property, in a similar manner to a Trust, but allowing additional tax planning techniques to be employed. Family Limited Partnerships are typically used for those who have large estates and thus have a need for specialized estate planning in order to minimize taxes as well as provide asset protection.

The Texas probate lawyers of Hlavinka & Associates are committed to keeping the costs of more complex estate planning packages within the reach of anyone who demonstrates a need for them.

"Our low overhead structure, we believe, makes this possible, without the sacrifice of expertise, support personnel, or research materials - and always provides for ample time to determine the needs of our clients and to get acquainted with them personally."

- Texas estate planning Attorney Paul T. Hlavinka

Houston probate Attorney Paul Hlavinka maintains associative relationships with attorney-CPAs, an LLM in taxation and senior attorneys in various other areas of specialization, including general litigation, commercial collections, taxation, elder law, estates and trusts and international business transactions.

If you or someone you know in Houston, Texas or throughout Wharton County needs the assistance or legal counsel of an experienced probate lawyer, contact Attorney Paul T. Hlavinka, today, at 866-682-1142, or use the contact form provided on this site to begin your consultation with a trusted Texas estate planning attorney.

What is a Power of Attorney?
When a person becomes incapacitated, the government or the court often steps in and appoints someone to represent and make legal decisions that the person would have to take. One of the ways to avoid government or court intervention, and the appointment of a stranger to act as your guardian, is to use a Power of Attorney. A Power of Attorney is a written document stating that one person gives to another the full power and authority to represent him or her. It must be signed by both the attorney and the principal, witnessed by two people, and notarized.

What is a Durable Power of Attorney?
A durable power of attorney is a form of agency. The person who gives the power is the principal, and the person who receives the power is the attorney or agent. Durable in this context means that the agent`s power will survive the principal`s incapacity or disability. As a result, a Durable Power of Attorney can be used as an alternative to guardianship in some states under certain circumstances, provided the principal executed the document before losing capacity. There are two types of Durable Power of Attorney: Financial Durable Power of Attorney and Healthcare Power of Attorney. The Financial Durable Power of Attorney is also known as a General Durable Power of Attorney. The agent`s authority to act for the principal under a Financial Durable Power of Attorney is based on the powers that the principal gives to the agent. Whether broad, general, or limited, the specific powers given to the agent are completely determined by the principal. Among other things, the principal may delegate to the agent in the Financial Durable Power of Attorney the authority to make deposits and withdrawals from his/her checking account, to file his/her tax returns, and to sell his/her home. However, there are a few powers that the principal may not delegate. For example, the agent cannot prepare a Will, vote, or seek a divorce on the principal`s behalf.

A Healthcare Power of Attorney specifically grants authority to the agent to make decisions about and relating to medical treatment. For example, the agent may consent to treatment, refuse to consent to treatment, or withdraw consent to treatment. In addition to these decisions directly about medical treatment, the agent may make all arrangements at any hospital or nursing care facility, employ or discharge care personnel, request, receive, and review any information about the personal affairs or physical or mental health of the principal.

As laws vary from state to state, it would be in your best interest to consult an Estate Planning attorney in your area if you want more information about Powers of Attorneys.