Texas Estate Planning Lawyer

August 19, 2022August 19, 2022Leave a comment

You need an Estate Planning Attorney. Rashelle Fetty of The Fetty Firm can help you plan and secure your estate. No matter how young or old you are, you should be thinking of your assets and your loved ones. Particularly, you should bear in mind how they will deal with your passing. Undoubtedly, the experience will cause a lot of sadness, pain, and grief. Even if you departed peacefully, your loved ones will miss your presence dearly. With all that weighing on their hearts, it’s a kind gesture to make the transition process as easy on them as possible. That’s just one of the many reasons to plan your estate beforehand.

TX Estate Planning and Probate Lawyer

Why You Need a Colleyville Texas Estate Planning Attorney

As mentioned above, having your estate planned out before your passing makes things easier for those loved ones still on Earth. They’ll be more informed about your true wishes. Furthermore, you can rest assured that those wishes will be honored. A will is not a “suggestion,” it is a binding document. A will is your last opportunity to lay out your desires, and have them actually go into effect.

If you’re near the Colleyville area, you have the opportunity to work side by side with our attorney. This has quite a few benefits. For one, you can introduce your family to your estate planning attorney. If your assets have to go through probate court, your loved one will know that they’ve got someone on their side. They don’t have to scramble to find an attorney to represent your interests. Instead, they can just call the probate attorney who helps you plan your estate in the first place!

Probate court can be a long and draining process. Hiring a competent attorney can speed up the process. For one, you won’t waste time having to scrutinize the legitimacy of the document. Your will, and other matters of your estate, will surely hold up in court. On top of that, our skilled attorney will help shorten the process as much as possible. Some of your assets may be able to stay out of probate court entirely.

Additional Documents

Another reason to enlist the help of an estate planning attorney stems from the idea that you want your last wishes carried out. You can type up your own will, get it notarized, and hope for the best. However, every situation is unique. Depending on your financial situation and the type of family members you have, you may need a bit more than that. For example, if you intend for young people such as children to inherit your assets, you may need to form a trust. With a trust, you have the option to create certain (legal) stipulations concerning how the money is used. You can also appoint a sensible custodian. This ensures that your assets are used wisely, for the youth’s long-term benefits.

A trust is but one additional document you may need when planning your estate. The great thing about The Fetty Firm is that our estate planning attorney can assist you with all aspects of your estate plan. That’s not just limited to wills and trusts, though those are two important aspects of an estate plan. A good estate planning attorney will also make sure that your medical wishes are honored as well. For that, you will need a medical power of attorney or an advanced directive.

These documents not only go into effect once you pass away. This ensures that your final moments are as pleasant for you as possible, in the event that you are incapacitated. You won’t be able to make your own decisions in that moment. Therefore, it’s a good idea to appoint a person you can trust to make the choices that you would’ve made yourself. As you can see, an estate plan isn’t just about planning for your death. It’s about planning for the final moments of your life.

Colleyville Texas Family Law Attorney Near Me

Tarrant County Legal Services

What Your Estate Plan Includes

At the very least, your estate plan should include a legal will. In the will, you lay out all of your wishes. From there, we use supplementary documents to specify those decisions, as needed. In your will, you have the option to leave your assets and real estate to whomever you wish. You can establish a trust, name a person who will execute the will, and more.

What Happens If You Don’t Write a Will?

Without a will, your assets will be divided amongst your closest family members. However, who you feel closest to probably differs from what the state defines as “closest.” Depending on your individual family circumstance, your assets could go to your children. However, there’s also a likelihood that the property and assets could be divided amongst your siblings, or even inherited by your ex-spouse! Furthermore, you have no way to control what percentage of your assets goes to whom. Therefore, it’s a good idea to have a will. If you can avoid it, don’t leave any of your assets in the hands of the state. And now that you’ve found The Fetty Firm, you don’t have to.

Probate Attorney in Tarrant County

Call Us Today!

Contact The Fetty Firm for all your estate planning needs. Our Texas Estate Planning Attorney will examine your unique situation. Also, we’ll address your actual concerns regarding your assets. In the end, you can be confident that your property and assets will be divided up just the way you would like. This includes charitable donations, inheritances, and more. As a comprehensive law firm, The Fetty Firm is able to help you navigate through even the most challenging legal issues. From family law to estate planning and beyond, our attorney has the skills and the experience to create and represent your estate. You can reach The Fetty Firm through our fast online form, or by calling our law office at (214) 546-5746. Our estate planning lawyer looks forward to helping you and your loved ones prepare for the future.

Living Trust – Pourover Will

July 22, 2022July 22, 2022Leave a comment

Creating a Living Trust in Texas

If you haven’t thought about how a trust helps you pass your desires and wealth on, you could be making a critical error in your estate planning. Especially for individuals with substantial assets, protecting wealth for future generations should at the top of your priority.

Benefits of a Trust

An effective trust is carefully drafted by a qualified attorney and takes into account your specific circumstances and as well as current laws. Not having proper documentation could result in you not reaping the benefiting from the benefits of a trust.

6 Reasons to Consider a Trust

Protecting Wealth with a Trust

One of the most powerful and straightforward ways to use trust is by ensuring that your heirs have timely access to your wealth. When transferring assets through a will, your estate undergoes a procedure known as probate, conducted in state courts.

This probate process can carry some unforeseen negative consequences for the administration of your estate, such as:

Delays – Probate proceedings can be lengthy, with some taking longer than others. Additionally, if you own property several states, probate may be required in each state.
Costs – The fees included in probate can be quite substantial. The fees are hefty, even in basic cases, with no conflict between beneficiaries.
Publicity – The probate process is public. A will becomes a public record once admitted to probate. This means that anyone who wishes to view it can do so. Such transparency can create unwanted scrutiny.

Control the Distribution of Your Assets

Texas Family Law firm

Trusts establish possible ways to transfer assets. Such as:

Distributions for specific purposes – Ability to stipulate that the trustees shall make money available to children or grandchildren only for college tuition or maybe future health care expenses.
Age-based terminations – The assets in a trust can also be distributed to heirs at periodic intervals. For example, 30% at the age of 40, 30% at the age of 50, and so on.

Building Your Legacy

The purpose of a trust is to help people realize a vision for their assets. With that being said, you should guide the discussion with your attorney with the goals you have for your estate. Overall, trusts can definitely help build your legacy the way you want it. Contact The Fetty Firm today at (214) 546-5746, for more information on our estate planning services.

Living Will vs. Medical Power of Attorney

May 10, 2022Leave a comment

It’s important that you make arrangements for medical care before you really need it. However, there are a few ways that you can go about this. Two of the most common options are the living will and the medical power of attorney. Which one is better? We’ll explain each option in more detail to kelp you pick the best plan.

Your family will thank you for your careful planning.

What is a Medical Power of Attorney?

A medical power of attorney designated a person to act on your behalf. If you become incapacitated, this is the person who will make all of your healthcare decisions, including surgeries, medicines, and even termination of life. This privilege doesn’t kick in until you become incapacitated and are unable to make the decisions yourself.

You and your medical power of attorney should have the same wishes regarding your healthcare. You both will have your best interests at heart, but you both may have different ideas of what that means.

Have you prepared for your future?

What is a Living Will?

A living will provides instructions for end-of-life care. This document goes into effect if you enter a totally vegetative state and addresses concerns such as resuscitation and life support. A living will make it easier for your loved ones to make the most difficult decisions. That because you’ll actually be the one giving that call.

Why Not Both?

A living will outline your wishes when you are in a severe medical state. Up until the point where there is practically no hope of recovery, someone else will be responsible for your medical decisions. If you don’t appoint a medical power of attorney, the hospital staff might make those decisions. In that case, it’s never certain which decisions will be made. Even if this doesn’t concern you much, your family may have additional peace of mind if you appoint someone special to make those decisions. However, when it comes to deciding whether to terminate your life, you can spare your loved ones lots of grief with a living will. As you can see, having both ensures that you receive the care that you want, up to the very end.

The Fetty Firm can help you prepare and legalize both your medical power of attorney and your living will. Call us today at (214) 546-5746 to learn how to get started with drafting these documents. You can also click here to contact us online, and click here to learn more about living wills.

Avoid Probate in Texas

January 30, 2022Leave a comment

How can property be owned to avoid the need for probate after a person dies?

Think of the word “probate” as meaning “transfer of title.” There are several ways that property can be owned so that property automatically goes to the family or to a co-owner when a person dies without having to file a court application for probate.

What is property in Texas?

There are two basic kinds of property. A person can have personal property or real property. Personal property includes “things” such as a car, furniture, jewelry, clothes, or even a bank account. Real property means land and includes land that has buildings on it, like a person’s house. Real property also includes mineral interests.

Property is either separate property or community property. Separate property is owned by an unmarried person or is owned by a person before being married. A gift or inheritance to a married person is separate property. Community property is acquired by a married person during the marriage.

The total amount of property a person owns is called the estate. The community estate of a married couple is owned by both persons. In other words, each spouse owns one half of the community estate. When a married person dies, only one half of the community estate can be given away because the other half is still owned by the living spouse. The spouse that has died (called the decedent) could own a separate estate in addition to one-half of the community estate.

The following is a list of how property can be owned:

Separate property
Joint ownership (sometimes called joint tenancy)
Joint ownership with right of survivorship
Payable on death
Life estate
Community property
Community property with right of survivorship

Can a married person still have separate property?

Yes. Property owned before a marriage is separate property. Property that is given as a gift to or that is inherited by a married person is also separate property.

What if a person dies without a will?

If a person dies without a will, the law decides how property is divided. The person who has died is called the decedent. When a married person dies, the person’s living spouse is called the surviving spouse.

For example, if a married person dies without a will, the law says the decedent’s community property goes to the surviving spouse if:

The decedent had no children or other descendants;
All the decedent’s children are also the children of the surviving spouse;
If the decedent had children with more than one person, the surviving spouse keeps his or her one half of the community property and the children get the decedent’s one half of the community property.

What if the person had a will?

A valid will controls how a person’s estate is handled after the person dies. However, to change the title to some property, the will must be admitted to probate. This means that an application to admit the will for probate must be filed with the probate court where the person lived or died, or in the county where the property is located; and the probate judge must find that the will is valid. The cost to file an application in the probate court varies depending on the county. Most probate courts will not allow pro se litigants, which means that you must hire an attorney. This adds to the cost. To save money for their family, many people attempt to own property in a way that makes it unnecessary to probate the will. For example, if a married person dies, and the couple’s property is owned with right of survivorship, the property automatically goes to the surviving spouse.

Can I avoid probate if I own real estate?

Absolutely. As of September 1, 2015, Texas law says that an owner can prepare a Transfer on Death Deed (TODD). A TODD allows the owner, the

transferor, to name a beneficiary who will receive the property described in the deed after the transferor has died. The TODD must be recorded in the

deed records of the county where the property is located prior to the transferor’s death.

Can I continue living in my home after I execute a TODD?

Yes. Nothing changes as long as you, the transferor, is living. You are still the full owner; which means that you must continue to maintain the property and pay the taxes unless you have deferred them. You can even sell the property if you need to do so. The beneficiary would receive nothing at the time of your death if the property has been sold.

What if I have a will? How does a TODD affect my will?

A TODD will rule; it governs over the will. If your will states Property A goes to my daughter and the TODD names son as the beneficiary of Property A, son will be the new owner regardless of which of the two documents was executed first. Property A’s title can transfer without the need for probate.

Can a TODD be executed for any real estate?

Real estate, with or without a mortgage, can be transferred at death when the owner properly drafts and records a TODD. It is not limited to one’s homestead.

What about premarital agreements?

Persons who are planning to be married can prepare a written premarital agreement that says that certain property will remain separate property even after the marriage. Unless there is a will that states who will get the property, the property mentioned in the premarital agreement will not go to the surviving spouse.

What is a joint tenancy?

A joint tenancy means more than one person owns a certain item of property. Both real property (land) and personal property (things) can be owned jointly.

There are two kinds of joint tenancy. People can own property as joint tenants or as joint tenants with right of survivorship. In a joint tenancy, when one owner dies, his or her share of the property passes to the decedent’s heirs or to the persons named in the decedent’s will. In a joint tenancy with right of survivorship, when an owner dies, his or her share of the property goes to the other owners.

A joint tenancy with right of survivorship has to be created by a written agreement.

What about community property with right of survivorship?

When a married person has children who are not the children of the surviving spouse, his or her half of the community property does not automatically go to the surviving spouse when the person dies. In Texas, a married couple can agree in writing that all or part of their community property will go to the surviving spouse when one person dies. This is called a right of survivorship agreement. The right of survivorship agreement must be filed with the county court records where the couple lives. This can be a way that married couples can see to it that all community property stated in the agreement automatically belongs to the surviving spouse without having to go to probate court.

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What is a revocable trust? What is a pourover will?

January 17, 2022January 17, 2022Leave a comment

Thank you for trusting The Fetty Firm, P.C. to help guide you in your decision to work on estate planning. It is not an easy decision to make to start researching what needs to happen should something unfortunate pop up.

Below you will learn about pourover wills and living, revocable trusts.

A pour-over will is yet another estate planning option that further ensures the protection of your assets. If you’ve established a trust, or plan to start one, you might want to consider adding a pour-over will. The Fetty Firm can help you create both.

Some individuals deliberately choose not to place all their assets into their trust all at once. Other individuals might simply forget to do so, or run out of time. All of these are likely scenarios in which a pour-over will add a layer of protection.

What is a Pour-Over Will?

A pour-over will is a type of will that names your living trust as the beneficiary of any and all assets. Upon your death, any assets not already owned by your trust are “poured over” into it. Pour-over wills provide a safety net to ensure that any assets that you might have left out (either accidentally or on purpose) are transferred into your trust when you pass away. Unfortunately, any assets that are poured over must go through probate because they won’t have been already owned by your trust before your death.

What is a Revocable Trust?

A revocable trust is a type of trust that can be revoked, modified, or updated if needed. It’s a favorable option if you want to establish a living trust, and foresee the need to make changes or prefer having flexibility. This is as opposed to an irrevocable trust, which does not allow any changes to be made.

Pour-Over Will and Revocable Trust – Do I Need Both?

A pour-over will and revocable trust work in tandem, so you will need both if you’d like for your pour-over will to work. If you don’t plan to establish a living trust, or if everything you own is already placed in a trust, you might not need a pour-over will. It’s still a good option to know about as it’s worth your consideration.

Setting up a pour-over will is a great tool to implement if you have a revocable trust. By doing so, you can rest assured that any assets not already owned by the trust will automatically transfer over at the time of your passing. However, keep in mind that these assets will have to go through probate first. Because of this, it’s best to place all of your assets into your trust now, unless you have a good reason not to. Bottom line, a pour-over will should be treated like a safety net that adds reassurance.

The Fetty Firm, P.C.

7137 Colleyville Boulevard,
Suite 101
Colleyville, TX 76034 (214) 546-5746 rashelle@thefettyfirm.com

Tarrant County Attorney for a Will

May 24, 2021Leave a comment

Drafting a Will

Legal consultation for a will is something everyone will at one point require in their lives. A will is a document that expresses someone’s final wishes. This is of great use to make sure that your assets go exactly where you want them to go. The Fetty Firm P.C. is experienced in Texas estate planning. So you can rest easy knowing that the will is drafted correctly. With our sole attorney, Rashelle Fetty, you’ll receive the knowledgeable and capable services of an attorney with over 10 years of experience.

Legal Consultation on Wills

Drafting a will is a very delicate matter for a number of reasons. You want to make sure that your loved ones are taken care of. Additionally, you will have to try and anticipate any problems that may arise in the future. The best way to handle the drafting of a will is with the services of an experienced and trusted law firm. With The Fetty Firm P.C., you’ll receive the results of a big firm combined with the personal and attentive services of a small firm.

Metroplex Estate Planning

In order to make a will, you will need to be over 17 years of age, been lawfully married, or a member of the United States military. In addition, you are required to have a sound mind. This means that you can understand the business in which you are engaged when making the will, the effect it will have, the nature and extent of your property, and the number of relatives you have.

Expert Consultation for Drafting of Wills

Legal consultation for drafting wills

Here are some things to keep in mind when drafting your will:

A will can be used to leave property to individuals or organizations
Name a guardian for your children
In the case that you leave property to minors, have a trustee to handle the property
Name an Executor of your estate
To validate your will in Texas, you must sign the will with two witnesses and the witnesses must also sign the will

This is a very delicate matter.

Tarrant County Estate Planning

Therefore it makes sense to have the best services available. Contact The Fetty Firm P.C. today to learn more about the ins and outs of will-drafting. You can get in touch with us by calling (214) 546-5746 or clicking here. Furthermore, if you want to learn more about our Legal Consultation on Wills, click here.

Advanced Directive

March 21, 2021Leave a comment

Advanced Directive in Tarrant County

An advanced directive, also known as a living will, is an important aspect of estate planning. In short, this document provides doctors and caregivers instructions on what medical treatments you do or don’t want in the case that you’re unable to give those instructions yourself. Those instructions can include orders such as don’t resuscitate and orders regarding organ donation. By creating a living will now, you’ll ensure your last wishes are carried out while also preventing potential problems with loved ones. Living wills typically cover:

General Overview of Living Wills

Resuscitation, such as CPR or an electric shock to the heart
Breathing machines
Tube Feeding
Dialysis
Medicine
Palliative care
Organ donations

Overview of Living Wills in Texas

A valid living will meets the following conditions:

The declarant must be in a state of competence
A requirement of two witnesses
The living will can be oral with two witnesses and a present physician
A written directive becomes part of your medical records. If the directive is oral, the witnesses have to sign the medical record
Advanced directives are not operative for pregnant patients

Top-Rated Attorney in Texas

Keep in mind that livings wills can be revoked at any time. You can sign and date the revocation or choose to do it orally. The revocation of the document takes effect one the document of intent is sent to an attending physician or when the physician is notified of the revocation. This document will remain valid until it’s revoked. Even more, there are additional legal conditions that’ll apply to these documents. As such, it’s best to contact an experienced attorney for a better understanding. Rashelle Fetty and The Fetty Firm can provide answers to your questions.

If you wish to learn more about this delicate matter, contact us at your earliest convenience. You can reach us by calling (214) 546-5746. Moreover, you can set an appointment by clicking here. Together, we’ll work towards a comprehensive, advanced directive based on your circumstances.

Tarrant County Estate Planning – What is a Will? What is a trust?

March 15, 2021March 21, 2021Leave a comment

What is a will? What is a trust?

Estate Planning in Tarrant County

You may have used or heard of the words “will” and “trust.” Some people believe they are interchangeable, but that is not the case. On the surface, these two documents may be very similar, but they have several differences. A will is used to distribute any property you have after your death. A trust is when a trustee signs over property to another known as beneficiary.

Trusts can start once it is completed, upon a person’s death, or after. A will takes effect after the person has died. There are other significant differences between a will or trust. The Fetty Firm specializes in both of these documents. If you are interested in setting up either, get in touch with the firm today. Rashelle Fetty is the owner and sole attorney at the firm. She can help you decide which document is best.

Sit down with a Tarrant County Estate Planning Attorney so that you can learn what it is that you need for your situation.

Major Differences of these Documents

A will and trust are not the same thing.

One major difference between the documents is a will only distributes the property under your name. If you have any property that is owned jointly, that will not be distributed. When it comes to a trust, the property must be in the name of the trust to be distributed. Another major difference is that wills go through probate. Probate is when a will goes through court to prove its authenticity.

If there is no will when a person dies, then the court can distribute the property how they like. Wills are not private records since they go through probate. Trusts bypass probate and are remained private. Additionally, trusts are capable of planning for disability or saving for taxes. It cannot specify a specific person or funeral arrangements.

Wills and trusts have their advantages and disadvantages. It is important families know the differences and determine which document is best for them. The Fetty Firm can help clients find the right document for their future. There is a wide range of reasons to choose one over the other. Let Rashelle Fetty help you make that difficult decision.

Choose the Right Document

Get in touch with The Fetty Firm today. You can reach our firm by calling (214) 546-5746. Clients should also visit our pages about wills and trusts. They provide important information that may help you decide which document is better.

Estate Planning – Tarrant County

Tarrant County Wills and Trusts Attorney

February 25, 2021Leave a comment

Probate is when a will goes through a legal process to determine if it is authentic. Texas has its own set of probate laws. Specifically, you want to have a Wills and Estates Attorney in Tarrant County that is informed about the local probate laws.

It is a common legal procedure, but it is also very timely. Being well acquainted with the local structure for probate can be helpful.

Wills that go through probate take time and money, which is why some try to avoid it altogether. There is a way to skip probate, and there may be scenarios when you would want to skip the process. Hire an attorney near you, like The Fetty Firm to help with your estate planning.

Wills are used to pass on property to beneficiaries once a person dies. If a will is not established, then the courts will create one and distribute property how they see fit. Wills are very beneficial for the families after a family member’s death and the testate, the person dying. The family will have a more comfortable process after their loved one’s passing. Plus, their loved one will have peace of mind when they do pass.

Ways of Avoiding Probate

Most wills go through probate.

There are ways of avoiding probate, but there needs to be careful planning. Firstly, it is best to have a will. Those who die without wills may also require probate. You may want to avoid probate to skip the many legal fees you will incur or avoid the estate taxes. Be prepared. Choose an attorney close to you. Get yourself a Tarrant County Probate Attorney.

Regardless of the reason, there are ways of avoiding probate. One way of avoiding this lengthy legal process is to set up a revocable living trust. Property is placed into the trust that is only accessible to the owner. Once they die, the property is given to a beneficiary, and no probate is needed.

Life insurance policies are another way you can avoid probate. They require policyholders to add a beneficiary to the plan. Once the holder passes, then the property is passed on to the beneficiary. Retirement plans may also be another option, but not all of them work the same way.

In general, you will most likely go through probate. Unless you actively plan to avoid it, the process will most likely occur. That said, probate is relatively inexpensive, and the process has been streamlined over the years.

Call for a Will or a Probate Lawyer

If you are needing to create a will or want probate assistance, get in touch with The Fetty Firm. Rashelle Fetty has years of experience with family court. Give her firm a call at (214) 546-5746. Clients should also visit her Tarrant County will and Tarrant County probate pages to find out more about the process.

Tarrant County Estate Planning

February 16, 2021February 16, 2021Leave a comment

Creating a will in Texas is an invaluable decision. Here in Colleyville, TX, find a lawyer that understands your estate planning and probate needs. A will protects your spouse, children, and assets, it also explains how you would like to handle important matters when you have passed away. The Fetty Firm is the premier firm for Estate Planning in Tarrant County.

Here are FIVE EASY Suggestions for Creating a Will in TEXAS.

Distribute Your Estate

Colleyville TX Will Lawyer

A will lets you decide on how your estate is handled after your death. Without a will, it’s not certain that your wishes will be carried out. A will helps minimize any type of family fights about your estate that could arise. Essentially, a will allows you to distribute your estate exactly as you desire. You want to create a will in Texas so that you can prevent issues with distribution or the state taking the assets.

Designate a Guardian

A will also allow you to make an informed decision about who should take care of your minor children. Without a will, the court will take it upon itself to choose among family members or a state-appointed guardian. Allow The Fetty Firm to discuss designation laws here in the state of Texas. The Fetty Firm will guide your process to designate a guardian in the state of Texas.

Streamline the Texas Probate Process

Every estate must go through the probate process, with or without a will. However, a will speeds up the probate process in addition to informing the court on how you would like to divide your estate. Without a will, the court decides how to divide estate without your input. Here in Texas, having an attorney walk you through the Texas Probate Process will take away so much of the stress so that your family may grieve in peace.

Minimize Estate Taxes

Tarranty County Law Firm for Estate Planning

Another way a will is useful is in minimizing your estate taxes. When distributing your estate to family or charity, it will reduce the value of the estate when it’s time to pay estate taxes. It just comes to show how useful a will can really be.

While Texas does not have an estate tax, there is still a need for an attorney to help streamline the process. The Fetty Firm will be your Tarrant County Estate Planning go-to.

Prevent Legal Challenges

If you die before drafting a will, part of or all of your estate may be passed on to someone that you didn’t choose. Just imagine the misallocation of millions of dollars due to the absence of a will. To avoid misunderstanding and potential legal issues, make a will as soon as possible.

The Fetty Firm is a Tarrant County Estate Planning firm in Colleyville, Texas that is capable of helping you with any possible estate planning litigation. Prepare yourself. Be proactive by selecting a firm that has experience with securing the best possible choices in Estate Planning for your family.

As you can see, drafting a will is useful for several reasons. Don’t wait to finish the important task and get at it. If you are ready to draft a will, contact The Fetty Firm today by calling (214) 546-5746. You can also learn more by visiting our