Estate planning is basically preparing for the future in the event something bad happens to you.
I call it an instruction manual because it is a guide for those left behind on how to achieve YOUR strategy and accomplish YOUR goals and wishes using the very well-organized set of legal documents we will create for you based on your desires and that allow you to:
How easy this is depends upon the quality of the Estate Plan. We make sure that every estate plan we create is as easy to follow as possible.
If you don’t have a will or trust currently, you might think you don’t have an estate plan….but you do. It’s just that the State of Texas has written it for you! Texas has a default plan for your family and assets in the event of your incapacity or death – but, it’s very difficult to navigate, takes a long time, will cost your loved ones thousands of dollars, and I can almost guarantee it won’t be what you would have wanted. That’s the plan you have now. Creating a custom estate plan is essentially taking control by putting your own wishes in writing and creating a strategy to make sure they are honored.
Step 1: – Attend your Peace of Mind Planning Session by Zoom. Prior to the session, you will provide some information by completing our easy-to-use, online Family Profile so we can make the best use of our time together. At this session, you will learn about your options and our unique flat-fee pricing. If we decide we are a good fit, we will discuss the next steps.
Step 2: – Next is your Design Meeting either by Zoom or in-person. Together, we will design your estate plan including all of the estate planning documents, working from the information you provided in your Family Profile. After this session, we will draft your documents and send a copy for your review about 2 weeks later. You will then provide feedback on changes or updates. Once everything is good to go, we will coordinate an in-person Signing Ceremony.
Step 3: – Your Signing Ceremony is where you will sign your documents staying true to legal formalities in front of two witnesses and a notary. We can do this at our office or at your home. Following the signing of your documents, you will receive your constructed estate plan binder containing all of your documents, organized and tabulated, within one week.
Our process is designed to have your estate plan and all documents signed within 4 weeks of your Design Meeting.
I create custom estate plans that are tailored to your individual circumstances, your assets, and your goals and wishes – so, as you can imagine, no two are exactly alike. However, whether a Last Will and Testament or a Trust is the centerpiece of your estate plan, there are a few common elements.
Every comprehensive estate plan created by Strickland Law Firm will contain:
Estate planning is not one size fits everyone, so it would be impossible for me to give you an estimate without knowing more about you. Even if you believe your situation is relatively simple, there are usually things you may not considering.
I would be happy to discuss our cost-effective flat fee structure and the “Texas 3-Step” estate planning process at length in the Peace of Mind Planning Session, after I have counseled you on all your options.
Educating a potential client about their options will always come before a discussion about fees – so everyone knows what products and services are included and represented in a certain fee package. I will not discuss fees outside the Peace of Mind Planning Session.
I understand that cost is an important factor in choosing an estate planning attorney, and that estate planning is a significant investment for many. It is my goal to be as transparent and fair as possible. For that reason, I offer flat fees instead of billing by the hour, so you know exactly what your investment will be. I also offer a 100% satisfaction guarantee. If you are not happy with the service, I will make it right or refund your money.
Attorney Duncan Strickland will listen to your goals and concerns without interrupting. Next, Duncan Strickland will explain and make sure you fully understand your options before making any decisions. At Strickland Law Firm, we are dedicated to client education so it is of utmost importance that you feel heard and have all of your questions answered. Lastly, we’ll also review our “Texas 3-Step” Estate Planning Process, flat fee structure, and overall client “peace of mind” experience so you know exactly what products and services you are getting and what the investment will be.
We take on a limited clientele each month so we can offer a high level of service to each family. We work with people who value our advice and are seeking a long-term working relationship.
If you are 1) looking for the cheapest attorney you can find; 2) do not want to devote an hour to learning about and understanding your options; or 3) do not feel comfortable completing the Family Profile before our Peace of Mind Planning session; we are not the right law firm for you, and would be happy to refer you to a lawyer who may be a better fit.
PRIVACY – The biggest difference between a Will and a Living Trust is that a Will explains how to distribute your assets after you have passed and MUST be given over to the Probate Court, while a Trust also explains how to distribute your assets after you have passed BUT will not involve the Probate Court and allows you to keep your affairs PRIVATE.
There are 4 additional differences: 1) cost, 2) time, 3) control, and 4) family harmony.
COST – According to Texas Estates Code § 352.002 (hyperlink to https://statutes.capitol.texas.gov/Docs/ES/htm/ES.352.htm), the Executor named in a Will is entitled to a 5% commission on all amounts received or paid out. Bet you didn’t know that the Executor could take 5% of the your estate! In addition to the 5% executor’s commission, there are attorney’s fees, filing fees, appraiser fees, accountant fees, etc. On top of that, if someone contests the Will, your estate will have to pay to defend the Will – which can be staggeringly expensive. In comparison, an estate handled by a trust will usually not have to pay the trustee as it is usually a friend or family member. Also, a Trust cannot be successfully contested except in very rare circumstances.
TIME – It can take anywhere from three (3) to twelve (12) months to settle an estate in the Probate Court. However, if the Will is contested, it could take several years. During that time, the assets in your estate are frozen and your loved ones cannot access them. However, for estates distributed by Trust, it could be handled in as little as a few weeks – only because most trustees will want a copy of the death certificate before distributing assets.
CONTROL – The weakness of Wills is that they can be challenged, modified or even ignored. A Will can be cancelled – it is possible for a Will to be contested and essentially nullified in some cases. Also, the beneficiaries under your Will can get together and just agree to divide the assets differently than you desired. Finally, if the person who has possession of your Will doesn’t like it, he/she can simply destroy it or “lose” it. There is no legal means to protect you against every one of these possibilities.
FAMILY HARMONY – A Will can create a situation where a child or other beneficiary who believes they are not being treated fairly under the Will has an opportunity and a motivation to FIGHT against their siblings, family members, and other beneficiaries. However, Trusts are generally more difficult to contest successfully due to the involvement of the settlor (person creating the trust). While Wills are often created when death is imminent and involve a single decision at a single moment in time, Trusts are typically created years before the creator’s death and the clients are active with the Trust. In fact, most of my clients who create Trusts actively manage those Trusts while they are alive and for many years. Because of this active management, it makes it more difficult for someone to prove that the creator did not actually intend for the trust assets to be distributed as listed.
You have two general approaches with estate planning: a Will-based plan, or a Living Trust-based plan. In your Peace of Mind Planning Session, Attorney Duncan Strickland will explain and make sure you fully understand each approach, their differences, and the pros and cons of each.
The overwhelming majority of our clients choose a Living Trust. A Living Trust is created by an attorney so you can appoint a chosen individual to manage your assets should you become incapacitated and distribute them to your family or loved ones at your death. It is almost always preferable to a Will because it is designed to avoid the time, expense, and publicity of probate, which a will cannot avoid, while maintaining control of the distribution of your assets and preserving a better likelihood of maintaining family harmony once you’re gone.
It comes as a surprise to many of my clients that Wills do not avoid probate court…they guarantee it!
I go over the differences in detail between a Will and a Living Trust during the Peace of Mind Planning Session. Ultimately, the decision is yours.
No, everyone needs an estate plan! Estate planning is about leaving a list of instructions to an appointed person on how to manage and distribute your property AND who should make medical decisions and care for you and your children should you become incapacitated or die.
A Last Will and Testament is an estate planning document that is intended to be the primary instruction as to the distribution of assets. A Last Will and Testament contains the names of the beneficiaries and the instructions as to what each beneficiary is to receive. It also contains the client’s wishes about who should be the permanent guardian of any minor child (called an appointment). This is the main document of a will-based estate plan.
A Pourover Will is a fail-safe document and is part of a trust-based estate plan. The first purpose of a Pourover Will is to name the trust as the sole beneficiary of the estate so that any asset that was mistakenly not transferred into the trust while the client was alive can still be transferred to the trust. The second purpose of a Pourover Will is to express the client’s wishes to the court about who should be the permanent guardian of any minor child (called an appointment).
We include either a Last Will and Testament or a Pourover Will in every estate plan we create.
Parents often inquire about temporary guardianship provisions for minor children and ensuring their well-being in the event of an emergency. Addressing this correctly requires a two-pronged approach because only a court can determine if someone is legally incapacitated.
Prior to a court ruling – You must take the necessary steps to ensure that whomever you choose as your child’s temporary guardian has the ability to pick up the child from school or day care, knows how to communicate with family and friends, has access your home to get things the child may need, and has the ability to make medical decisions on behalf of the child, if necessary. While we do not have a form approved yet by the Texas Congress for this, we can draft a Power of Attorney for the Medical Care and Education of a Child (proposed in House Bill 804) and a Power of Attorney for Caregiver of Child combined with a letter containing instructions and contact information for family and friends.
We include a Power of Attorney for the Medical Care and Education of a Child and a Power of Attorney for Caregiver of Child in every estate plan we create, where children are involved.
After a Court has ruled someone as incapacitated – This scenario is akin to being in a coma. The document that the court will review and usually follow is a Declaration of Temporary Guardian for Child.
We include a Declaration of Temporary Guardian for Child in every estate plan we create, where children are involved.
Parents often inquire about guardianship provisions for minor children and how to ensure their well-being in the event of their passing. This is addressed in a Last Will and Testament or a Pourover Will. The client’s will is the client’s opportunity to express their wishes to the court about who should be the guardian.
A Durable Power of Attorney lets you appoint someone to manage your property in the event of your incapacity. This involves you naming someone you trust implicitly to be your “agent”. Your agent will step into your shoes and pay your bills, make your financial and legal decisions, file your taxes, manage your business, etc. if you cannot. However, these powers can be limited to whatever you would like to allow.
We include a Durable Power of Attorney for both spouses in every estate plan we create.
A Medical Power of Attorney allows you to appoint someone you trust to make certain medical decisions on your behalf should you be incapacitated.
We include a Medical Power of Attorney for both spouses in every estate plan we create.
A Living Will (not to be confused with a Living Trust or Last Will and Testament) allows you to decide ahead of time whether you would like life-sustaining treatment should be suffering with a terminal or irreversible condition.
We include a Living Will for both spouses in every estate plan we create.
An Out-of-Hospital Do-Not-Resuscitate Order allows you to decide ahead of time whether you want emergency medical personnel to forego resuscitation attempts and allow the patient to have a natural death.
This document is optional and can be included in your estate plan for either spouse upon request.
A HIPAA Authorization to Release Medical Information allows you to decide which individuals are allowed to receive medical information about you (or your child) from healthcare professionals and hospitals.
We include a HIPAA Authorization to Release Medical Information for both spouses in every estate plan we create.
An Appointment of Agent for Disposition of Remains allows you to decide which individual has the authority to decide the disposition of your remains (i.e. burial, cremation, entombment, etc.) and provides you with the ability to limit that authority to what you want the agent to do. This document is especially important if the client is unhappy with the default priority given under Texas Health and Safety Code Sec. 711.002 (hyperlink to https://statutes.capitol.texas.gov/Docs/HS/htm/HS.711.htm) as to whom will have the authority absent a written declaration.
This document is optional and can be included in your estate plan for either spouse upon request.
Clients sometimes inquire about whether it is possible to appoint someone to temporary guardianship provisions for minor children and ensuring their well-being in the event of an emergency. Addressing this correctly requires a two-pronged approach because only a court can determine if someone is legally incapacitated.
Prior to a court ruling – You must take the necessary steps to ensure that whomever you choose as your child’s temporary guardian has the ability to pick up the child from school or day care, knows how to communicate with family and friends, access your home to get things the child may need, and have the ability to make medical decisions on behalf of the child, if necessary. This is accomplished with a Power of Attorney for the Medical Care and Education of a Child combined with a letter containing instructions and contact information for family and friends.
We include a Power of Attorney for the Medical Care and Education of a Child in every estate plan we create, where children are involved.
After a Court has ruled someone as incapacitated – This scenario is akin to being in a coma. The document that the court will review and usually follows is a Declaration of Temporary Guardian for Child.
We include a Declaration of Temporary Guardian for Child in every estate plan we create, where children are involved.
Estate planning is basically preparing for the future in the event something bad happens to you.
I call it an instruction manual because it is a guide for those left behind on how to achieve YOUR strategy and accomplish YOUR goals and wishes using the very well-organized set of legal documents we will create for you based on your desires and that allow you to:
How easy this is depends upon the quality of the Estate Plan. We make sure that every estate plan we create is as easy to follow as possible.
If you don’t have a will or trust currently, you might think you don’t have an estate plan….but you do. It’s just that the State of Texas has written it for you! Texas has a default plan for your family and assets in the event of your incapacity or death – but, it’s very difficult to navigate, takes a long time, will cost your loved ones thousands of dollars, and I can almost guarantee it won’t be what you would have wanted. That’s the plan you have now. Creating a custom estate plan is essentially taking control by putting your own wishes in writing and creating a strategy to make sure they are honored.
Step 1: – Attend your Peace of Mind Planning Session by Zoom. Prior to the session, you will provide some information by completing our easy-to-use, online Family Profile so we can make the best use of our time together. At this session, you will learn about your options and our unique flat-fee pricing. If we decide we are a good fit, we will discuss the next steps.
Step 2: – Next is your Design Meeting either by Zoom or in-person. Together, we will design your estate plan including all of the estate planning documents, working from the information you provided in your Family Profile. After this session, we will draft your documents and send a copy for your review about 2 weeks later. You will then provide feedback on changes or updates. Once everything is good to go, we will coordinate an in-person Signing Ceremony.
Step 3: – Your Signing Ceremony is where you will sign your documents staying true to legal formalities in front of two witnesses and a notary. We can do this at our office or at your home. Following the signing of your documents, you will receive your constructed estate plan binder containing all of your documents, organized and tabulated, within one week.
Our process is designed to have your estate plan and all documents signed within 4 weeks of your Design Meeting.
I create custom estate plans that are tailored to your individual circumstances, your assets, and your goals and wishes – so, as you can imagine, no two are exactly alike. However, whether a Last Will and Testament or a Trust is the centerpiece of your estate plan, there are a few common elements.
Every comprehensive estate plan created by Strickland Law Firm will contain:
Estate planning is not one size fits everyone, so it would be impossible for me to give you an estimate without knowing more about you. Even if you believe your situation is relatively simple, there are usually things you may not considering.
I would be happy to discuss our cost-effective flat fee structure and the “Texas 3-Step” estate planning process at length in the Peace of Mind Planning Session, after I have counseled you on all your options.
Educating a potential client about their options will always come before a discussion about fees – so everyone knows what products and services are included and represented in a certain fee package. I will not discuss fees outside the Peace of Mind Planning Session.
I understand that cost is an important factor in choosing an estate planning attorney, and that estate planning is a significant investment for many. It is my goal to be as transparent and fair as possible. For that reason, I offer flat fees instead of billing by the hour, so you know exactly what your investment will be. I also offer a 100% satisfaction guarantee. If you are not happy with the service, I will make it right or refund your money.
Attorney Duncan Strickland will listen to your goals and concerns without interrupting. Next, Duncan Strickland will explain and make sure you fully understand your options before making any decisions. At Strickland Law Firm, we are dedicated to client education so it is of utmost importance that you feel heard and have all of your questions answered. Lastly, we’ll also review our “Texas 3-Step” Estate Planning Process, flat fee structure, and overall client “peace of mind” experience so you know exactly what products and services you are getting and what the investment will be.
We take on a limited clientele each month so we can offer a high level of service to each family. We work with people who value our advice and are seeking a long-term working relationship.
If you are 1) looking for the cheapest attorney you can find; 2) do not want to devote an hour to learning about and understanding your options; or 3) do not feel comfortable completing the Family Profile before our Peace of Mind Planning session; we are not the right law firm for you, and would be happy to refer you to a lawyer who may be a better fit.
PRIVACY – The biggest difference between a Will and a Living Trust is that a Will explains how to distribute your assets after you have passed and MUST be given over to the Probate Court, while a Trust also explains how to distribute your assets after you have passed BUT will not involve the Probate Court and allows you to keep your affairs PRIVATE.
There are 4 additional differences: 1) cost, 2) time, 3) control, and 4) family harmony.
COST – According to Texas Estates Code § 352.002 (hyperlink to https://statutes.capitol.texas.gov/Docs/ES/htm/ES.352.htm), the Executor named in a Will is entitled to a 5% commission on all amounts received or paid out. Bet you didn’t know that the Executor could take 5% of the your estate! In addition to the 5% executor’s commission, there are attorney’s fees, filing fees, appraiser fees, accountant fees, etc. On top of that, if someone contests the Will, your estate will have to pay to defend the Will – which can be staggeringly expensive. In comparison, an estate handled by a trust will usually not have to pay the trustee as it is usually a friend or family member. Also, a Trust cannot be successfully contested except in very rare circumstances.
TIME – It can take anywhere from three (3) to twelve (12) months to settle an estate in the Probate Court. However, if the Will is contested, it could take several years. During that time, the assets in your estate are frozen and your loved ones cannot access them. However, for estates distributed by Trust, it could be handled in as little as a few weeks – only because most trustees will want a copy of the death certificate before distributing assets.
CONTROL – The weakness of Wills is that they can be challenged, modified or even ignored. A Will can be cancelled – it is possible for a Will to be contested and essentially nullified in some cases. Also, the beneficiaries under your Will can get together and just agree to divide the assets differently than you desired. Finally, if the person who has possession of your Will doesn’t like it, he/she can simply destroy it or “lose” it. There is no legal means to protect you against every one of these possibilities.
FAMILY HARMONY – A Will can create a situation where a child or other beneficiary who believes they are not being treated fairly under the Will has an opportunity and a motivation to FIGHT against their siblings, family members, and other beneficiaries. However, Trusts are generally more difficult to contest successfully due to the involvement of the settlor (person creating the trust). While Wills are often created when death is imminent and involve a single decision at a single moment in time, Trusts are typically created years before the creator’s death and the clients are active with the Trust. In fact, most of my clients who create Trusts actively manage those Trusts while they are alive and for many years. Because of this active management, it makes it more difficult for someone to prove that the creator did not actually intend for the trust assets to be distributed as listed.
You have two general approaches with estate planning: a Will-based plan, or a Living Trust-based plan. In your Peace of Mind Planning Session, Attorney Duncan Strickland will explain and make sure you fully understand each approach, their differences, and the pros and cons of each.
The overwhelming majority of our clients choose a Living Trust. A Living Trust is created by an attorney so you can appoint a chosen individual to manage your assets should you become incapacitated and distribute them to your family or loved ones at your death. It is almost always preferable to a Will because it is designed to avoid the time, expense, and publicity of probate, which a will cannot avoid, while maintaining control of the distribution of your assets and preserving a better likelihood of maintaining family harmony once you’re gone.
It comes as a surprise to many of my clients that Wills do not avoid probate court…they guarantee it!
I go over the differences in detail between a Will and a Living Trust during the Peace of Mind Planning Session. Ultimately, the decision is yours.
No, everyone needs an estate plan! Estate planning is about leaving a list of instructions to an appointed person on how to manage and distribute your property AND who should make medical decisions and care for you and your children should you become incapacitated or die.
A Last Will and Testament is an estate planning document that is intended to be the primary instruction as to the distribution of assets. A Last Will and Testament contains the names of the beneficiaries and the instructions as to what each beneficiary is to receive. It also contains the client’s wishes about who should be the permanent guardian of any minor child (called an appointment). This is the main document of a will-based estate plan.
A Pourover Will is a fail-safe document and is part of a trust-based estate plan. The first purpose of a Pourover Will is to name the trust as the sole beneficiary of the estate so that any asset that was mistakenly not transferred into the trust while the client was alive can still be transferred to the trust. The second purpose of a Pourover Will is to express the client’s wishes to the court about who should be the permanent guardian of any minor child (called an appointment).
We include either a Last Will and Testament or a Pourover Will in every estate plan we create.
Parents often inquire about temporary guardianship provisions for minor children and ensuring their well-being in the event of an emergency. Addressing this correctly requires a two-pronged approach because only a court can determine if someone is legally incapacitated.
Prior to a court ruling – You must take the necessary steps to ensure that whomever you choose as your child’s temporary guardian has the ability to pick up the child from school or day care, knows how to communicate with family and friends, has access your home to get things the child may need, and has the ability to make medical decisions on behalf of the child, if necessary. While we do not have a form approved yet by the Texas Congress for this, we can draft a Power of Attorney for the Medical Care and Education of a Child (proposed in House Bill 804) and a Power of Attorney for Caregiver of Child combined with a letter containing instructions and contact information for family and friends.
We include a Power of Attorney for the Medical Care and Education of a Child and a Power of Attorney for Caregiver of Child in every estate plan we create, where children are involved.
After a Court has ruled someone as incapacitated – This scenario is akin to being in a coma. The document that the court will review and usually follow is a Declaration of Temporary Guardian for Child.
We include a Declaration of Temporary Guardian for Child in every estate plan we create, where children are involved.
Parents often inquire about guardianship provisions for minor children and how to ensure their well-being in the event of their passing. This is addressed in a Last Will and Testament or a Pourover Will. The client’s will is the client’s opportunity to express their wishes to the court about who should be the guardian.
A Durable Power of Attorney lets you appoint someone to manage your property in the event of your incapacity. This involves you naming someone you trust implicitly to be your “agent”. Your agent will step into your shoes and pay your bills, make your financial and legal decisions, file your taxes, manage your business, etc. if you cannot. However, these powers can be limited to whatever you would like to allow.
We include a Durable Power of Attorney for both spouses in every estate plan we create.
A Medical Power of Attorney allows you to appoint someone you trust to make certain medical decisions on your behalf should you be incapacitated.
We include a Medical Power of Attorney for both spouses in every estate plan we create.
A Living Will (not to be confused with a Living Trust or Last Will and Testament) allows you to decide ahead of time whether you would like life-sustaining treatment should be suffering with a terminal or irreversible condition.
We include a Living Will for both spouses in every estate plan we create.
An Out-of-Hospital Do-Not-Resuscitate Order allows you to decide ahead of time whether you want emergency medical personnel to forego resuscitation attempts and allow the patient to have a natural death.
This document is optional and can be included in your estate plan for either spouse upon request.
A HIPAA Authorization to Release Medical Information allows you to decide which individuals are allowed to receive medical information about you (or your child) from healthcare professionals and hospitals.
We include a HIPAA Authorization to Release Medical Information for both spouses in every estate plan we create.
An Appointment of Agent for Disposition of Remains allows you to decide which individual has the authority to decide the disposition of your remains (i.e. burial, cremation, entombment, etc.) and provides you with the ability to limit that authority to what you want the agent to do. This document is especially important if the client is unhappy with the default priority given under Texas Health and Safety Code Sec. 711.002 (hyperlink to https://statutes.capitol.texas.gov/Docs/HS/htm/HS.711.htm) as to whom will have the authority absent a written declaration.
This document is optional and can be included in your estate plan for either spouse upon request.
Clients sometimes inquire about whether it is possible to appoint someone to temporary guardianship provisions for minor children and ensuring their well-being in the event of an emergency. Addressing this correctly requires a two-pronged approach because only a court can determine if someone is legally incapacitated.
Prior to a court ruling – You must take the necessary steps to ensure that whomever you choose as your child’s temporary guardian has the ability to pick up the child from school or day care, knows how to communicate with family and friends, access your home to get things the child may need, and have the ability to make medical decisions on behalf of the child, if necessary. This is accomplished with a Power of Attorney for the Medical Care and Education of a Child combined with a letter containing instructions and contact information for family and friends.
We include a Power of Attorney for the Medical Care and Education of a Child in every estate plan we create, where children are involved.
After a Court has ruled someone as incapacitated – This scenario is akin to being in a coma. The document that the court will review and usually follows is a Declaration of Temporary Guardian for Child.
We include a Declaration of Temporary Guardian for Child in every estate plan we create, where children are involved.
Clear explanations, responsive communication, and guidance designed to support real-world decisions.
