Kyle Estate Planning Lawyer

Estate Planning Lawyer Kyle, TX

If you have been putting off an estate plan because it feels complicated or uncomfortable, you are far from alone. Most people know they need one. Very few know where to start.

That is what we do. At The J M Dickerson Law Firm, our founder has been practicing Texas estate planning law since November 1995. An experienced Kyle, TX estate planning lawyer can walk you through wills, trusts, powers of attorney, and asset protection in terms that make sense, with a flat fee and a free initial consultation. Whether you own a home, run a business, or have a blended family to think about, a proper plan protects what you have built and keeps your family out of unnecessary court proceedings. Contact us today to get the conversation started.

Why Choose The J M Dickerson Law Firm for Estate Planning in Kyle, TX?

Estate planning is not a one-size-fits-all service. The right plan depends on what you own, who you love, and what concerns keep you up at night. As a focused estate planning lawyer in Kyle, our firm has been building these plans for Texas families and business owners for nearly three decades.

29 Years Practicing Texas Estate Planning

Attorney Joseph Michael Dickerson has been licensed in Texas since November 3, 1995, and also holds a Wyoming bar license. He earned his BBA from Texas State University in 1992, his JD from St. Mary’s University School of Law in 1995, and his MBA from Texas A&M International University in 1998.

Published Author on Estate Planning and Asset Protection

Joseph has authored four books, including The Texan’s Guide of the Probate Process and The 3 Bucket Method for Asset Protection. His writing has been recognized with the Legal Excellence Award for Literary Distinction by Attorney Magazine in 2019, 2021, and 2023. He was also named 2019 Entrepreneurial Attorney of the Year Finalist and 2019 Young Professional of the Year by the Laredo Chamber of Commerce.

Prevention-Minded Planning, Not Crisis Response

Many people only call a lawyer after something breaks. We prefer to build things that do not break in the first place. One client asked for a privacy trust paired with asset protection planning. When that client later faced litigation involving an apartment building investment, his name and reputation stayed out of court filings and out of the news entirely. That is what proper planning does before a problem arises.

Flat Fees and Free Initial Consultations

We charge flat fees for estate planning work. You know the cost before we begin, and your initial consultation is free.

★★★★★ “We had an out of state Trust that needed an amendment. JM Dickerson updated our trust, identified and eliminated some major tax pitfalls, brought all of our documents up to legal requirements for Texas for a reasonable fee. The staff was professional, efficient, friendly and a pleasure to work with.”

–          Thad C.

Read more reviews on our Google Business Profile.

Types of Estate Planning Cases We Handle in Kyle

Most estate plans involve more than a will. Texas law offers a range of tools that, used together, can avoid probate, reduce taxes, plan for incapacity, and protect assets from creditors. Below are the matters we routinely prepare for Kyle-area clients.

  • Wills. We draft wills that hold up under Texas Estates Code requirements and reflect what you actually want. Simple estates, blended families, and business owners each need different provisions. Poorly written wills cause fights among heirs and delays in court.
  • Trusts. Revocable living trusts, irrevocable trusts, and specialty trusts each serve different purposes. Trusts can help clients avoid probate, keep financial matters private, and structure inheritances over time.
  • Living trusts. A properly funded revocable living trust keeps most estates out of the probate process entirely.
  • Powers of attorney. Durable financial powers of attorney let someone you trust handle your affairs if you become incapacitated. Without one in place, your family may need to file for guardianship.
  • Medical powers of attorney and living wills. Health care directives give medical providers clear instructions and spare your family from making impossible decisions in a crisis.
  • Asset protection planning. Our 3 Bucket Method organizes assets into structures that are harder for creditors to reach. This is particularly valuable for landlords, business owners, and professionals with liability exposure.
  • Business succession and entity formation. We form LLCs, draft operating agreements, and structure business succession so that a company survives the death or retirement of its owner.
  • Trust administration. When a loved one passes, the successor trustee has specific duties under Texas law. We guide trustees through funding, notifications, tax filings, and distributions.
  • Estate planning for blended families. Second marriages and stepchildren require careful drafting to avoid common pitfalls.
  • Beneficiary designation coordination. Retirement accounts, life insurance, and transfer-on-death accounts pass outside the will. Mismatched designations can derail even a well-drafted plan.

Texas Legal Requirements for Estate Planning

Texas estate planning runs on statutes that are specific and sometimes unforgiving. Understanding the rules helps you understand why a properly drafted plan costs what it costs.

Will Requirements. Under Texas Estates Code § 251.051, a will must be in writing, signed by the testator (or by someone else at the testator’s direction and in the testator’s presence), and attested by two credible witnesses at least 14 years old who sign in the testator’s presence. Holographic (handwritten) wills are valid in Texas if written entirely in the testator’s own handwriting, but they carry real risks. A self-proving affidavit, authorized under Texas Estates Code § 251.1045, is typically added at signing and allows the will to be admitted to probate without witnesses having to appear in court.

Durable Power of Attorney. Texas Estates Code § 751.0021 governs durable powers of attorney. To be durable, the document must contain specific statutory language and be properly executed before a notary.

Medical Power of Attorney. Texas Health and Safety Code § 166.164 provides a statutory form for medical powers of attorney. Specific statutory disclosures must accompany the document.

Transfer on Death Deed. Texas Estates Code § 114.051 allows Texas property owners to pass real estate outside of probate using a transfer on death deed.

Independent Administration. Texas is one of the most favorable states in the country for probate, in part because of independent administration under Texas Estates Code § 401.001. Properly drafted wills authorize this simplified process.

Important Aspects of a Kyle Estate Planning Plan

Defining Who Gets What, and When

The core of any estate plan is the distribution scheme. A will names beneficiaries and specifies shares. Trusts can go further, setting up staggered distributions, spendthrift protections, or lifetime trusts for beneficiaries who cannot or should not receive a lump sum. Common mistakes include leaving assets outright to minor children, failing to plan for a beneficiary with creditor problems, and naming beneficiaries in a will that conflict with beneficiary designations on retirement accounts.

Incapacity Planning

An estate plan that only addresses death misses half the picture. Durable financial powers of attorney, medical powers of attorney, and HIPAA authorizations handle the period when you are alive but unable to act for yourself. Without these, your family may end up in court seeking guardianship, a process that is slow, public, and expensive.

Asset Protection and Privacy

Texas law gives residents significant protections, including the homestead exemption, but those protections have limits. Business owners, landlords, and professionals often need additional layers of structure. LLCs, privacy trusts, and properly titled accounts can separate personal assets from business liability.

Probate Avoidance

Texas independent administration is friendlier than probate in many states, but it still takes time, costs money, and becomes part of the public record. A funded revocable trust, transfer on death deeds, and proper beneficiary designations can move most or all of an estate outside of court entirely. Each tool has tradeoffs. The right combination depends on your assets.

Updating the Plan Over Time

An estate plan is not a document you draft once and forget. Marriages, divorces, births, deaths, moves, business changes, and tax law updates all create reasons to revisit and revise the plan.

Coordinating With Tax Planning

Federal estate tax exemptions remain high, but the current thresholds are scheduled to shift. State-level concerns, step-up in basis planning, and income tax treatment of inherited assets all factor into good planning.

Contact The J M Dickerson Law Firm

If you are ready to put a plan in place, or if you already have documents that need updating, we can help. Your initial consultation is free, and we will tell you honestly whether you need a simple will or something more substantial. Flat fees mean no surprises on the invoice. We have spent 29 years helping Texas families and business owners prevent problems before they start, and we would be glad to do the same for you. Contact us to schedule your consultation and get started.