Frequently Asked Questions

At Tavera Law, PLLC, we’re here to provide clarity and guidance on your estate planning and business law needs. The information below is general in nature—your situation is unique, so we encourage you to contact us for advice tailored to you.

  • An estate plan helps ensure your wishes are carried out regarding the distribution of your assets, the care of your loved ones, and important healthcare or financial decisions if you become unable to make them yourself. Without one, state law—not you—determines these outcomes. An attorney can help create a plan that reflects your values and priorities.

  • A Will outlines how your assets should be distributed after your death and typically must go through probate. A Trust, depending on the type, can help manage and distribute your assets during your lifetime and after death, often without probate. Each tool serves different purposes, and the right choice depends on your goals.

  • Probate is the court-supervised process of validating a Will, paying debts, and distributing assets. In Texas, probate can be more streamlined than in some states, but it still involves court oversight. Whether you should try to avoid probate depends on your circumstances—some families benefit from probate alternatives, while others do not.

  • In Texas, the probate process typically takes anywhere from four months to over a year, depending on the complexity of the estate and whether any disputes arise. A simple, uncontested probate with a valid Will and straightforward assets can often be completed in about four to six months. Estates that require more work—such as transferring multiple assets, resolving creditor claims, or locating missing documents—may take six to nine months. If the probate is contested or involves significant complications, such as disputes between heirs, Will contests, or extensive creditor issues, the process can extend well beyond a year. The overall timeline is affected by several factors, including court scheduling and processing times in the county where the case is filed, how quickly the executor can gather information about the estate’s assets and debts, whether there are tax matters or property sales that must be completed, and the presence of any legal disputes among family members or beneficiaries.

  • For most Texans, federal estate tax is not a concern because of the high exemption threshold. However, certain high-value estates and specific planning situations may require tax considerations. An attorney can review your estate and advise whether tax planning strategies are necessary.

  • An Intervivos Trust—also known as a “living trust”—is created during your lifetime to hold and manage assets. It can be revocable or irrevocable and is often used to manage property, provide for loved ones, and sometimes avoid probate. The type of trust that’s right for you depends on your objectives.

  • It’s helpful to bring a list of your assets, debts, and beneficiaries, along with any existing estate planning documents (such as a prior Will or trust). Also, bring any questions or concerns you want to address so we can make the most of our time together. 

  • Starting a business involves choosing the right entity, registering with the state, and ensuring you meet all legal and regulatory requirements. The process can vary depending on your industry, location, and goals. We can guide you through each step to set your business up for success.

  • This depends on the type of business you’re starting. Common documents include formation filings with the state, an operating agreement or bylaws, tax identification numbers, and any necessary licenses or permits. We can help you identify exactly what you need to operate legally and efficiently.

  • It’s a good idea to review your plan every few years or after major life events such as marriage, divorce, the birth of a child, or significant changes in your assets. An outdated plan can cause unintended results, so periodic check-ins are important.

  • An executor or trustee should be someone you trust to follow your instructions, stay organized, and handle financial responsibilities. In some cases, a professional or corporate fiduciary may be the best choice. We can discuss the pros and cons during a consultation.

  • While do-it-yourself options exist, they may not comply with Texas law or address your specific needs. Errors in execution or unclear language can lead to disputes or court delays. An attorney-prepared document helps ensure your wishes are carried out as intended.

  • If you die without a Will, Texas intestacy laws determine who inherits your property. This may not match your wishes, especially in blended families or for unmarried couples. An estate plan allows you—not the state—to decide.

  • A Power of Attorney authorizes someone you trust to act on your behalf for financial or legal matters if you become unable to do so. Without it, your family may need to go to court to gain this authority.

  • An Advance Directive (or Living Will) states your preferences for medical treatment if you cannot speak for yourself. It helps guide your loved ones and doctors in making decisions that align with your wishes.

  • Certain types of trusts can offer protection from creditors, but not all do. The level of protection depends on the trust structure and when it’s created. This is a complex area of law—consult an attorney to explore your options.

  • If you co-own a business, a buy-sell agreement outlines what happens if an owner retires, becomes disabled, or passes away. It can help avoid disputes and ensure a smooth transition of ownership.

  • A registered agent is a person or company designated to receive legal and official documents on behalf of your business. Texas law requires every business entity to have one with a physical address in the state.

  • Yes, but doing so as a sole proprietor or general partnership offers no liability protection for your personal assets. Forming an LLC or corporation can help separate your personal and business obligations.