Estate Planning

Practice Areas

Wills

Every individual’s situation is unique, and a will should reflect your specific wishes and needs. If you die without a properly executed Last Will and Testament, your property passes according to the laws of the State of Texas. That division of your estate may be contrary to your wishes. Creating a will offers peace of mind, knowing that your wishes will be followed after your passing. It allows you to take control of your estate plan and make important decisions regarding your assets and the well-being of your loved ones.

Do not be fooled by advertisements for preparing your will using one-size-fits-all software available on the Internet.  DIY wills or using online templates can lead to errors or ambiguities that may render your will invalid or cause confusion during the probate process resulting in significant expenses. Also to be noted, leaving your estate to minor children can be complicated and, if not properly documented, your heirs could face substantial problems and expenses. 

Experienced attorneys have the expertise to draft a will with clarity and precision, minimizing the risk of misinterpretation or legal challenges. An attorney can work closely with you to understand your assets, family dynamics, and desired distribution of your estate. Your will can be customized to address specific concerns, such as providing for minor children and charitable bequests.

Sell Griffin McLain has assisted hundreds of people in the preparation of a Last Will and Testament which will be legally recognized by courts in the State of Texas and which will be comprehensive, and tailored to your specific goals. We are ready to serve you with your personal estate planning needs. 

Probate

Many people have been misinformed about the probate process. Probate handled by an experienced, skilled attorney is the most efficient, stress-free and economic manner to handle the estate of the deceased.

Probate is the legal process of administering a deceased person’s estate by filing the Last Will and Testament of the deceased with the appropriate court and proving that it is an authentic document.

The process to probate a will in Texas generally involves the following steps:

  • Filing the Application
  • Appointment of Executor or Administrator
  • Notice to Beneficiaries and Heirs
  • Inventory and Appraisal
  • Payment of Debts and Taxes
  • Asset Distribution
  • Final Accounting and Closing the Estate

Probating a will has many detailed steps, and challenges may arise during the probate process such as will contests, disputes among beneficiaries, or claims by creditors. An experienced probate attorney can provide legal expertise, ensure compliance with Texas probate laws, handle complex legal matters, minimize conflicts, and expedite the probate Process.

Sell Griffin McLain has handled hundreds of probate proceedings throughout the Texas Panhandle. Our attorneys are on hand to listen to and help guide you through the probate process. 

Powers of Attorney

For healthcare:

Current law prohibits medical personnel and facilities from disclosing patient information to any person who is not legally authorized to receive such information. The medical community also cannot legally follow a directive from anyone other than the patient unless the proper documentation is presented.

A Medical Power of Attorney grants someone you trust (known as your healthcare agent or proxy) the authority to make healthcare decisions on your behalf if you become unable to do so due to incapacity or inability to communicate your wishes. This ensures that your medical preferences are honored and that someone you choose is empowered to advocate for your best interests.

Sell Griffin McLain is experienced in preparing the directive to physician (“living will”), Healthcare Power of Attorney, and other legal documents to lawfully authorize your designated representative to deal with the medical community on your behalf if necessary. 

 

For personal business :

A Power of Attorney allows you to designate someone you trust (known as your agent or attorney-in-fact) to handle your financial, legal, and business affairs if you become incapacitated or unable to make decisions on your own. It ensures that someone is authorized to act on your behalf and manage your affairs according to your wishes.

In addition, having a Power of Attorney in place can provide convenience and efficiency in managing your financial matters. If you travel frequently, have a busy schedule, or face temporary incapacitation, your agent can handle important tasks, such as paying bills, managing bank accounts, or making legal decisions on your behalf, saving you time and effort.

The following are some of the personal business matters/transactions that can be managed by a properly and legally designated agent:

  • Real property
  • Tangible personal property 
  • Stocks and bonds 
  • Commodities and options
  • Banking and other financial institutions
  • Business operations
  • Insurance and annuity
  • Estate and trust
  • Claims and litigation
  • Personal and family maintenance
  • Benefits from social security, Medicare, Medicaid, or other governmental programs including civil or military service
  • Retirement plan
  • Taxes