My Wills & Estate Planning Document Library

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LAST WILL AND TESTAMENT

Your Last Wills and Testaments govern the disposition of any property held in your individual names at the time of your death. They also provide for the administration of that property, the payment of your debts, expenses of administration, and the appointment of an Executor, who carries out the administration of your estate.

STATUTORY DURABLE POWER OF ATTORNEY

Your Statutory Durable Powers of Attorney nominate an individual to serve as your attorney-in-fact. Your attorney-in-fact is given the power to act on your behalf, as if you were present and acting, with respect to your property. When executing this document, you may specify the types of transactions that your attorney-in-fact can engage in on your behalf. Your Statutory Durable Powers of Attorney are effective upon your disability or incapacity, as certified by a physician. As a “Durable” Power of Attorney, the powers granted to your attorney-in-fact remain in effect in the event that you become disabled or incapacitated.

TRUST AGREEMENT

The Trust Agreement(s) creates a revocable trust, sometimes referred to as a Living or Revocable Living Trust. This Trust is entirely revocable and amendable by you during your lifetimes, but the terms become irrevocable at death. Any property that is transferred to the Trust(s) during your lifetimes or upon your deaths will be disposed of in accordance with the terms of the Trust Agreement upon your deaths.

MEDICAL POWER OF ATTORNEY

Your Medical Powers of Attorney nominate an individual to serve as your medical agent and make medical care decisions on your behalf. Your Medical Powers of Attorney are effective upon your disability or incapacity. As such, the nominated agent will not be able to make medical care decisions on your behalf until such time as you are disabled or incapacitated.

CERTIFICATION OF TRUST

The Certification of Trust is an alternative to providing a full copy of your Trust Agreement to a requesting third party. The Certification of Trust contains only the minimum amount of information as required by Texas Property Code Section 114.086 and allows you to keep sensitive portions of your Trust Agreement, such as the disposition of property upon your death, confidential.

HIPAA RELEASE

Your HIPAA Releases allow specific individuals to obtain your protected health information. Your medical care providers are authorized to provide your protected health information to the individuals listed on your HIPAA Releases.

MEMORANDUM REGARDING PERSONAL PROPERTY

The Memorandum Regarding Personal Property allows you to identify specific items of tangible personal property and designate who is to receive the specified items upon your death. You may use this Memorandum to bequeath any non-titled, non-cash assets. Do not use this Memorandum to bequeath any real estate, vehicles, watercraft, bank accounts, or cash.

DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES (LIVING WILL)

This document allows you to specify the end-of-life care that you wish to receive in two medical situations: a terminal condition and an irreversible condition. In each situation, you may elect either to (1) terminate life sustaining medical treatment and transition to palliative care, or (2) continue receiving all available life sustaining treatments. Your medical care elections are binding on your medical agents.