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Estate Planning

The firm’s estate planning practice is headed by attorney Richard H. Tye, who is Board Certified in Estate Planning & Probate Law and Board Certified in Tax Law by the Texas Board of Legal Specialization. Mr. Tye and his staff assists clients with comprehensive estate, tax, and business planning designed to maximize wealth accumulation and provide for the comfort and well-being of the testator and future generations.

Estate planning is the process of arranging for the transfer of a person’s estate in the most cost-effective manner, considering the specific needs of the family, nature and amount of assets, and taxes. Estate planning normally begins with an assessment of the client’s family relationships, personal goals, and assets. After the client has selected the most appropriate planning techniques, legal documents are prepared that will implement the estate plan.

Our services in the area of estate planning include:

Wills and Trusts

We carefully craft estate planning documents that accomplish the goals of our clients while minimizing potential tax consequences. Our services include:

Last Will and Testament

  • Basic Last Will and Testament
  • Complex Last Will and Testament (with estate tax planning, testamentary trusts, or complex beneficiary designations)
  • Credit Shelter Trust (“By-Pass Trust”)
  • QTIP Trust (“Qualified Terminable Interest Property Trust”)
  • Generation-Skipping Trust

Revocable Management Trust (“Living Trust”)
(With and without estate tax planning, QTIP, and/or generation-skipping provisions)

Asset Protection and Tax Minimization

We advise clients regarding the use of various entities and estate planning vehicles to protect their assets against future claims. We also use advanced estate planning strategies to minimize income, gift, estate and generation-skipping transfer tax consequences. Our services in this area include:

  • Qualified Personal Residence Trusts
  • Revocable and Irrevocable Life Insurance Trusts
  • Family Limited Partnerships
  • Limited Liability Companies

Planning for Incapacity

We prepare comprehensive estate plans that plan for possible contingencies, such as the possibility of future incapacity or disability. Through the creation of advance directives, you can be sure that your wishes will be carried out regarding medical decisions made on your behalf, in the event you are unable to communicate those wishes due to a period of physical or mental incapacity. Advance directives can also be used to ensure that your financial and legal affairs are conducted in accordance with your expressed desires. The different types of directives available include:

  • Statutory Durable Power of Attorney
  • Medical Power of Attorney
  • Directive To Physicians and Surrogates or Family
  • Declaration of Anatomical Gift
  • Declaration of Guardian in the Event of Future Need

Where minors or incapacitated persons are the intended beneficiaries of an estate, we can help establish specific instruments designed to care for their special needs, such as:

  • Section 142 Trust (management trust for lawsuit damages awarded to a minor)
  • Section 867 Trust (management trust used in lieu of a guardianship of the estate)
  • Section 2503(c) Trust For Minors (“Grandchildren’s Trust”)
  • Medicaid Qualifying Trust (“Miller Trust” and “Supplemental Needs Trust”)

Marital Property Agreements

We represent clients in connection with Marital Property Agreements, including:

  • Community Property Survivorship Agreements
  • Marital Property Agreements
  • Premarital Agreements
Our Office
  • 1450 Frost Bank Tower
    100 West Houston Street
    San Antonio, Texas 78205
    Phone: 210-227-8800
    Fax: 210-212-8952