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Estate Planning Lawyer Buda, TX
If you have been meaning to create an estate plan, you may already know the basics: a will, a power of attorney, maybe a trust. What most people do not know is which of those tools actually fits their situation. And that is where the right lawyer saves you money down the road.
At The J M Dickerson Law Firm, our founding attorney has built estate plans for Texas families since November 1995. An experienced Buda, TX estate planning lawyer can walk you through wills, trusts, powers of attorney, and asset protection, priced on a flat fee basis with a free initial consultation. Whether you own one home or a portfolio of investment properties, run a small business, or have a blended family, the right plan prevents the kind of mess that sends families into years of probate court. Reach out today to schedule your consultation.
Why Choose The J M Dickerson Law Firm for Estate Planning in Buda, TX?
Good estate planning is prevention work. As a focused estate planning lawyer in Buda, our firm has spent nearly three decades doing this kind of important, careful work for Texas clients.
A Lawyer Who Has Done Nothing Else for 29 Years
Joseph Michael Dickerson was admitted to the Texas Bar on November 3, 1995, and also holds a Wyoming law license. He earned a BBA from Texas State University in 1992, a JD from St. Mary’s University School of Law in 1995, and an MBA from Texas A&M International University in 1998.
Author of Four Books on Planning and Asset Protection
Joseph has written four books, including The Texan’s Guide of the Probate Process, The 3 Bucket Method for Asset Protection, and its Spanish-language edition El Método de las 3 Cubetas Para Protección de Activos. His writing has earned the Legal Excellence Award for Literary Distinction from Attorney Magazine in 2019, 2021, and 2023. He was a 2019 Entrepreneurial Attorney of the Year Finalist and was named 2019 Young Professional of the Year by the Laredo Chamber of Commerce.
Flat Fees and Free Initial Consultations
Estate planning services are billed on a flat fee basis. You will know what the work costs before we begin. Your initial consultation is also free, which means we can talk about your situation without a meter running.
★★★★★ “I’ve gotten to know the team at JM Dickerson Law both professionally and personally, and they are exceptional in every way. They truly care, they know their stuff, and they get results. If you need a dedicated and trustworthy legal team, they’re the ones to call in Texas.”
- David Martay
Read more reviews on our Google Business Profile.
Types of Estate Planning Cases We Handle in Buda
A strong estate plan usually combines several documents working together. One tool rarely covers everything a family needs. Below are the matters we prepare for Buda-area clients.
- Wills. A will names your executor, directs distribution of your assets, and can designate guardians for minor children. We draft wills that satisfy Texas Estates Code requirements and stand up to challenge.
- Revocable living trusts. A funded revocable trust keeps most assets out of probate. It also keeps the details of your estate private, since trusts are not part of the public record the way a probated will is.
- Irrevocable trusts and specialty trusts. Irrevocable trusts, privacy trusts, and specialty structures each address different concerns. Some are used for asset protection, some for tax planning, some for protecting beneficiaries who cannot manage money well.
- Durable powers of attorney. These let a trusted person handle your finances if you become incapacitated. Without a power of attorney, your family may need to open a guardianship in probate court.
- Medical powers of attorney and living wills. Health care directives give doctors clear instructions and give your family peace of mind during a medical crisis.
- Asset protection planning. The 3 Bucket Method separates personal, business, and investment assets into structures that complicate a plaintiff’s job. Landlords, business owners, and professionals benefit the most from this layered approach.
- LLC formation and business succession. Business owners need planning that covers both personal and company assets. We form LLCs, draft operating agreements, and coordinate succession into the overall plan.
- Trust administration. When a trustor passes, the successor trustee has duties under Texas law. We guide trustees through notifications, funding, tax filings, and distributions.
- Estate planning for blended families. Second marriages, stepchildren, and prior-marriage obligations create planning complications that standard documents do not address.
- Plan updates and reviews. Life changes make yesterday’s plan incomplete. Births, deaths, divorces, relocations, and business changes all warrant a fresh look.
Texas Legal Requirements for Estate Planning
Texas statutes lay out specific rules for each estate planning document. Getting the execution details wrong can make a document useless at the exact moment your family needs it to work.
Valid Will Execution. Under Texas Estates Code § 251.051, a will must be in writing, signed by the testator or by another person at the testator’s direction and in the testator’s presence, and attested by at least two credible witnesses at least 14 years of age who sign in the presence of the testator. Texas also recognizes handwritten holographic wills if the document is entirely in the testator’s handwriting, though these carry real evidentiary risks.
Self-Proving Affidavit. Texas Estates Code § 251.104 authorizes a self-proving affidavit that lets a will be admitted to probate without calling the witnesses to testify. Almost every well-drafted Texas will includes one.
Durable Power of Attorney. Texas Estates Code § 751.0021 sets the formalities for durable financial powers of attorney, including required statutory language and notarized execution.
Medical Power of Attorney. Texas Health and Safety Code § 166.164 contains the statutory form and required disclosures for medical powers of attorney.
Transfer on Death Deed. Texas Estates Code § 114.051 allows Texas property owners to pass real property outside of probate by recording a transfer on death deed during their lifetime.
Independent Administration. Texas Estates Code § 401.001 authorizes independent administration, the streamlined probate process that has made Texas one of the friendlier states for estate settlement, so long as the will is drafted to authorize it.
Important Aspects of a Buda Estate Planning Plan
Aligning Beneficiary Designations With the Plan
Retirement accounts, life insurance policies, and payable-on-death accounts pass by beneficiary designation. They do not follow your will. A well-drafted will that conflicts with outdated beneficiary forms creates exactly the fight your plan was supposed to prevent.
Planning for Incapacity, Not Just Death
Most estate plan failures are incapacity failures. A medical event leaves you unable to pay bills, sign documents, or make health care decisions, and nothing is in place to let your family step in without court involvement. Durable financial and medical powers of attorney, HIPAA releases, and a living will handle this period.
Layering Asset Protection With the Plan
Texas has strong homestead and retirement account protections built into state law, but those protections do not cover everything. Rental properties, business assets, and investment portfolios need additional structure. LLCs, privacy trusts, and coordinated titling can separate personal wealth from liability exposure.
Avoiding Probate Where It Makes Sense
Texas probate is more efficient than probate in many other states, but efficient is not the same as invisible. Probate still takes time, costs money, and becomes public record. Funded revocable trusts, transfer on death deeds, and coordinated beneficiary designations can move most or all of an estate outside court entirely.
Keeping the Plan Current
An estate plan signed ten years ago probably does not reflect today’s family, today’s assets, or today’s tax law. We recommend a review every three to five years and after any major life event.
Thinking About Taxes the Right Way
Federal estate tax exemptions remain high but are scheduled to shift. Income tax treatment of inherited assets, step-up in basis, and retirement account distribution rules all factor into smart planning. A plan that ignores the tax side often leaves beneficiaries with less than the client intended.
Contact The J M Dickerson Law Firm
If you have been putting off your estate plan, or if your current documents are out of date, now is a good time to take care of it. Your initial consultation is free, and we will tell you honestly what you need and what you do not. We have spent 29 years helping Texas families and business owners build plans that hold up when they matter. Contact us to schedule your free consultation and get started.