Estate Planning, Probate, Trusts and Elder Law

Dealing with estate planning and probate issues can, without an experienced attorney, be daunting – even more so when you are trying to help a family member.  Congress still, as of July, 2009, has not decided upon a more permanent "bypass amount". There are estate, gift, and generation-skipping transfer taxes, and the “bypass amount” — $3.5 million in 2009 — to consider when making distributions to individuals.  Special charitable deductions and the unlimited marital deduction are to be considered as well.

Not only do you need a Will, but you need to coordinate beneficiary designations for life insurance, IRAs, 401(k)s, and other assets that can, with proper planning, pass outside the terms of the Will.  There are income taxes due on deferred compensation-type assets when distributions come out — during your life and after your death.  You may want to plan to minimize that income tax, with a roll-over to an IRA if married to the decedent, or a so-called “stretch”, or "inherited", IRA paying over time after death.

We also offer estate planning services for non-traditional couples. This requires special care to ensure that the desires of the couples are carried out during the times of need.  We can walk you through the maze of Wills, powers of attorney (including health care decisions), living wills, guardianships, and other estate planning documents that are necessary to ensure that your affairs are in order and handled in the way that you choose.

What is Elder Law?  All the foregoing plus issues regarding the “special needs” of disabled individuals and governmental benefits for people. 

Not everyone accepts gracefully the plans made by the decedent.  Negotiation occurs; sometimes litigation.  Also, beneficiaries sometimes disagree with actions taken or not taken by a fiduciary-executor, trustee, or attorney-in-fact under a power of attorney.  When negotiation does not lead to resolution, litigation may.  As detailed on our Civil Litigation page, our attorneys are fully equipped and prepared to litigate on your behalf, if necessary.

Potts & Reilly, L.L.P., in Austin, Texas, represents clients throughout Texas, including the communities of Austin, Dallas, San Marcos, Georgetown, Round Rock, Marble Falls, Horseshoe Bay, Granite Shoals, Kingsland, Bastrop, El Paso, the Texas Hill Country, Highland Lakes, and Central Texas.

Travis County • Williamson County • Burnet County
Llano County • Dallas County • Hays County

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Attorneys who assist clients in Estate Planning, Probate, Trusts and Elder Law: Frank M. Reilly