- Divorce
- Premarital AgreementA Prenuptial Agreement is an agreement made by individuals who intend to be married to each other but wish to clarify the characterization of property before any Community Property has been created. These agreements can address any number of concerns including who owns what, what are the financial responsibilities of each spouse, what circumstances would create Community Property, and the division of property upon death or divorce. They also often provide provisions about non-financial issues such as Guardianship of children from prior relationships or medical-decision-making powers.
- GuardianshipGuardianship is a very serious matter. We treat it with the utmost care, keeping the well-being of the Ward in mind at all times.
- Personal InjuryIf an individual with a disability is receiving means-tested benefits and the person also receives disqualifying resources, a Special Needs Trust can preserve those program benefits for the individual. Often, an individual with a disability will receive resources through an inheritance, a personal injury claim, or a lump-sum back payment of Social Security benefits. Upon receiving such resources, the individual becomes ineligible for benefits. Usually, the resources that the individual receives are not nearly enough to pay for his or her supports and services—especially not for a lifetime. The Attorneys at Hayes & Wilson PLLC can help establish a First Party Special Needs Trust for the individual that will allow the individual to continue to be eligible for means-tested benefits.
- Medicaid Planning
- Estate PlanningMichele Williams has been working in the Estate Planning and Probate field for almost two decades and received her paralegal certificate from North Harris Community College in 2003. Michele has lived in six different states and has been in Texas since 1994. She has been married for 37 years and has four children and two grandchildren.
- WillsAlong with a Medical Power of Attorney, it is important to execute an Advanced Directive. This document is known by many names, including Directive to Physicians and Living Wills. This document is a person’s opportunity to state his or her treatment preferences in the event of illness or incapacity. The Directive is not a “DNR” and, therefore, is not binding on the individual’s physicians. The Directive allows the individual to express his or her general preferences regarding life sustaining treatment in the event of two broad instances...
- TrustsThe family of an individual with a disability who is receiving means-tested benefits can set aside funds for the benefit of such individual in a Special Needs Trust. Such funds will not be counted as a resource available to such individual for the purposes of Supplemental Security Income (SSI) and Medicaid qualification. Typically families will set up a Special Needs Trust that will be funded by testamentary bequests or by life insurance policies on the lives of the parents.
- Power of AttorneyOften clients do not want to sign their Directive to Physicians because they are concerned that they are making a binding decision. However, a person’s agent under his or her Medical Power of Attorney gets to make the final decisions regarding treatment plan. In addition, the individual will always make his or her own medical decisions as long are he or she is able to. The Directive will only come into effect if the person is no longer able to make his or her own medical decisions and his or her agent, under Medical Power of Attorney, is having to make those decisions instead. An Advanced Directive allows a person’s agent and his or her family to have some guidance in what the person would have wanted and how to best proceed with treatment. Even with this document in place, we recommend our clients have a conversation with their agents and family regarding treatment preferences.
- Probate
- Tax LawInheritance Trusts are often used as part of Estate Tax planning. Through the use of estate planning techniques, the assets in the Inheritance Trust might not be considered as a part of the grantor’s estate for estate tax purposes.