Managing Attorney
Estate planning is more than just writing a will—it’s about protecting your loved ones, securing your heirs’ financial future, and ensuring your wishes are honored. At Capstone Legal Strategies, we help individuals and families in Texas build customized estate plans using the right legal documents for their unique needs.
If you’re just beginning the process, you may wonder what documents are required to create a comprehensive estate plan. Below, we break down the essential components of a strong estate plan and explain how each document works to protect your interests.
Last Will and Testament
A last will and testament is one of the most well-known estate planning tools and one of the building blocks of a solid estate plan. This document:
- Specifies who will receive your assets after your death
- Names guardians for minor children (if applicable)
- Appoints an executor to oversee your estate
- Establishes testamentary trusts for minor children
Without a will, your estate will be distributed according to Texas intestacy laws, which may not reflect your wishes. A legally valid will ensures your voice is heard and your assets go to the right people.
Revocable Living Trust
A revocable living trust allows you to transfer ownership of your assets to a trust during your lifetime. You remain in control of the trust and its assets, but they pass directly to your beneficiaries upon your death—without going through probate.
This document is especially useful for:
- Avoiding probate delays and costs
- Managing out-of-state property
- Protecting privacy
- Providing continued management in case of incapacity
For business owners and families with complex assets, a living trust offers greater flexibility and control.
Durable Power of Attorney
A durable power of attorney (POA) designates someone you trust to manage your financial affairs if you become incapacitated. This person (your “agent”) can:
- Pay bills and taxes
- Access bank accounts
- Manage investments
- Handle business operations
Without this document, your loved ones may need to go to court to obtain legal authority, which can be costly and time-consuming. A POA ensures someone can step in quickly when needed.
Medical Power of Attorney
A medical power of attorney allows you to name a trusted person to make healthcare decisions on your behalf if you’re unable to communicate. This document is vital for ensuring your treatment preferences are respected during a medical emergency or serious illness.
Without one, medical providers may rely on default legal standards or input from family members who may disagree about your care.
Advance Directive (Living Will)
An advance directive—often called a living will—spells out your wishes regarding end-of-life care, including:
- Life support
- Artificial nutrition and hydration
- Pain management
This document helps loved ones and healthcare providers make difficult decisions with confidence, knowing they are following your stated wishes.
HIPAA Authorization
Federal privacy laws prevent medical providers from disclosing your health information without permission. A HIPAA authorization allows designated individuals to access your medical records, speak with your doctors, and stay informed about your care.
This document is often overlooked but critical in times of medical crisis, especially when making healthcare decisions or managing long-term care.
Beneficiary Designations
Some assets—such as life insurance policies, retirement accounts, and bank accounts with payable-on-death (POD) or transfer-on-death (TOD) designations—pass directly to the named beneficiaries and do not go through probate.
It’s essential to:
- Review beneficiary designations regularly
- Ensure they align with your overall estate plan
- Avoid conflicts between your will and designated accounts
At Capstone Legal Strategies, we help you coordinate all aspects of your plan to avoid inconsistencies that could create confusion or disputes.
Business Succession Documents (If Applicable)
If you own a business, your estate plan should include a succession plan, which may involve:
- Buy-sell agreements
- Operating agreements
- Shareholder agreements
- Instructions for management transition
These documents help ensure the continuity of your business operations and protect the value you’ve built over time.
Start Building Your Estate Plan Today
Creating a thoughtful estate plan isn’t just about documents—it’s about making sure your wishes are honored and your loved ones are protected. At Capstone Legal Strategies, we work closely with individuals, families, and business owners across Texas to develop estate plans tailored to their unique goals.
Whether you’re starting from scratch or updating an existing plan, we’ll walk you through the process and ensure every essential document is in place. Contact Capstone Legal Strategies today to schedule a consultation and take the next step in securing your legacy.