Estate Planning - Abii & Associates, PLLC

Estate Planning and Probate

Estate planning in the United States refers to the process of planning for the management and distribution of a person’s assets and affairs upon their incapacity or death. Estate planning aims to ensure that an individual’s wishes are carried out, their loved ones are provided for, and their assets are transferred efficiently and in accordance with their intentions.

Key Areas of Estate Planning

There are different aspects of a person’s assets and affairs that are considered during estate planning. Some of these key aspects include:

Wills: Wills are very crucial in an individual’s management of their affairs. It is a legal document that outlines how a person’s assets and possessions will be distributed after their death. It allows you to specify beneficiaries, appoint an executor to administer the estate, designate guardians for minor children, and make other important decisions.
Trusts: These are legal instruments through which an individual (the grantor or settlor) transfers assets to a trustee to hold and manage on behalf of designated beneficiaries.
Power of Attorney: This can be very useful in the case of an individual’s incapacitation although is not only used in this instance. A power of attorney is a legal document that grants someone else (the agent or attorney-in-fact) the authority to act on behalf of the individual, usually in financial or legal matters.
Business Succession Planning: For entrepreneurs and small business owners, there are some additional considerations beyond the basic estate plan. An entrepreneur should consider creating a succession plan, buy-sell agreements if there are multiple partners, continuity plan for your business in the case you are suddenly absent. For this, you need an Estate Planning Lawyer to work with you.

How Can We Help?

Most people consider Estate Planning as only an end-of-life planning. However, an Estate Plan helps you plan for yourself, your children, and your loved ones. It not only provides directions for your family about your preferences, if done right it helps your plan for your future offspring. At Abii Legal, we understand the importance of planning for the future and ensuring that your wishes are carried out. Our experienced team of estate planning attorneys in Houston is dedicated to helping individuals and families create comprehensive estate plans that provide peace of mind and protect their legacies.

We focus on providing various estate planning services such as Last Will and Testament drafting, Trusts, Powers of Attorney, Probate and Estate Administration, and Estate Tax Planning.

Protect your legacy today! Schedule a consultation with our Houston office today to discuss your estate planning needs.

Contact a Pearland Attorney or Houston Attorney to assist with your Estate Planning needs, we can help with

Drafting a Will:
- A lawyer ensures that your will is legally valid, clear, and comprehensive, reducing the risk of disputes among beneficiaries.
Setting Up Trusts:
- Trusts can be complex legal entities used to manage assets, reduce taxes, and avoid probate. A lawyer can help set up various types of trusts (e.g., revocable, irrevocable, special needs, charitable).
Tax Planning:
- Estate lawyers can help minimize estate and inheritance taxes through strategic planning, ensuring more of your estate is passed on to your beneficiaries.
Health Care Directives and Powers of Attorney:
- Creating living wills, health care directives, and durable powers of attorney ensures your medical and financial affairs are managed according to your wishes if you become incapacitated.
Probate Process:
- A lawyer can guide your executor through the probate process, ensuring that your estate is administered correctly and efficiently.
Guardianship for Minor Children:
- If you have minor children, a lawyer can help you designate a guardian in your will to ensure their care if something happens to you.
Beneficiary Designations:
- Lawyers can review and advise on the proper designation of beneficiaries on life insurance policies, retirement accounts, and other financial instruments to ensure they align with your estate plan.
Business Succession Planning:
- For business owners, an estate lawyer can assist in creating a succession plan to ensure the smooth transfer of business ownership.
Contesting a Will:
- If there is a dispute over a will, an estate lawyer can represent parties in court to contest or defend the will’s validity.
Asset Protection:
- Estate lawyers can implement strategies to protect assets from creditors, lawsuits, and other potential risks.
Updating Estate Plans:
- Life events such as marriage, divorce, birth of a child, or significant changes in financial status necessitate updates to your estate plan. A lawyer ensures these changes are legally binding.
Handling Out-of-State Property:
- If you own property in different states, an estate lawyer can help navigate the varying laws and regulations.

For Probate Matters, Be sure to contact us to assist with any Probate needs .

Probate is the legal process through which a deceased person’s estate is administered, including the validation of their will (if one exists) and the distribution of assets to heirs and beneficiaries. There are different types of probate processes, varying by complexity and the specific circumstances of the estate. Here are the main types:

Formal Probate:
- Formal Probate Administration: This is a court-supervised process where a judge oversees the entire probate process. It is often required for larger or more complex estates, or when there are disputes among beneficiaries or creditors. This process involves multiple court hearings and can be lengthy and expensive.
- Informal Probate Administration: This process is less supervised by the court and is used when there are no disputes among beneficiaries and all parties agree on the distribution of the estate. It is faster and less costly than formal probate.
Summary Probate:
- Simplified Probate Procedures: Many states offer a simplified or summary probate process for smaller estates. The value threshold for what constitutes a “small” estate varies by state. This process typically involves less court supervision and fewer procedural requirements, making it faster and more cost-effective.
Muniment of Title:
- This type of probate is available in some states and is used when the only asset that needs to be transferred is real estate. The court validates the will and allows the transfer of property title without a full probate process.
Affidavit Procedure for Small Estates:
- This is an expedited process for very small estates, typically below a certain value threshold (which varies by state). An heir can file an affidavit with the court to claim their share of the estate without going through a full probate process.
Ancillary Probate:
- When a person owns property in a state different from their primary residence, an ancillary probate proceeding is necessary in the state where the property is located. This secondary probate process ensures that the out-of-state property is properly transferred according to the deceased’s will or state law.
Voluntary Administration:
- Available in some jurisdictions for estates that meet certain criteria, this simplified process allows an executor or administrator to distribute assets without extensive court involvement.

The type of probate required can depend on several factors, including the size and complexity of the estate, the presence of a valid will, the types of assets involved, and the specific laws of the state where the deceased lived or owned property. Consulting with an estate lawyer can help determine the most appropriate probate process for a given situation.