Areas of Practice

It is important to know that estate planning is not just for the wealthy. If you have any assets such as a bank account, a home, a car, or other property, at a minimum you should have a Will in place to discuss what would happen to that asset after your death.

What is Estate Planning?

Estate planning is a process and set of documents designed to prepare your assets for transfer after your death and to designate agents for your finances and medical decisions in the event you become disabled or incapacitated and unable to make decisions for yourself. It is also used to make arrangements for minor children or other dependents.

Some of the most common estate planning tools include:

Last Will and Testament

A Will is the most common and essential estate planning tool for many individuals and determines what will happen to your property and assets upon your death. Generally, having a Will protects you to ensure your assets are distributed according to your wishes. Your Will is drafted to outline who you would like to receive specific property and assets and you can select a trusted individual to serve as your executor.

Without a Will, you will be deemed to have died intestate and your estate will follow the State of Texas’ default rules. This results in a lengthier and more costly probate process for your family and may potentially result in undesirable individuals to receive part or all of your estate.

A well-drafted Will is guaranteed to save your family money and needless heartache after your passing.

If you are planning to create a new will or modify an existing one, you should consult an estate planning attorney to ensure the documentation is valid in the event probate is required.

Powers of Attorney

A power of attorney is a legal arrangement allowing another individual to act as your agent and make important financial or medical decisions on your behalf when you are unable to do so.

Depending on the circumstances, you may need multiple tools to accomplish your goals. Tori Daywalt can help determine which ones are right for you.

At Daywalt Law PLLC, we understand Texas estate laws and can help you create an estate plan to help accomplish your goals. We can also help modify this estate plan as you go through life changes and milestones.

Without guidance and representation, the probate process can be both lengthy and expensive. For this reason, hiring an experienced probate attorney is essential for any individual involved in a probate matter.

Texas probate is unique in that there are other methods including, Muniment of Title and Small Estate Administration. Attorney, Tori Daywalt will assess your needs to ensure that the best option is selected to minimize your cost.

What Is Probate?

Probate is a legal procedure often required after an individual dies. During probate, the deceased person’s Will is validated by the Court, and the named or agreed upon executor is appointed to follow the instructions included in the Will and distributes assets.

What Happens During Probate?

During probate, the deceased individual’s creditors have an opportunity to file claims against the estate for any debts owed by the deceased individual. After these claims have been paid, the remaining assets are distributed to heirs designated in the will. If no will exists, these assets will be distributed according to Texas law.

Hiring an Attorney

If you have been named as the administrator of a loved one’s will, you may be feeling overwhelmed. You are already mourning the loss of a loved one and now, they have trusted you with their estate. Tori Daywalt will be able to help you understand how the probate process works and take the proper steps to resolve the estate as quickly and cost effective as possible.

If you have been named as the executor of an estate, or if you are otherwise in need of probate assistance in Houston, you need to contact an attorney as soon as possible. Contact me today to schedule an appointment or to discuss your probate options.

Real estate is often one of the largest purchases we make in our lives. Tori Daywalt often assists individuals and real estate investors in the following matters:

• Review of TREC sales contracts, title commitments, warranty deeds, real estate lien notes, deeds of trust, leases, liens and lien releases, assignments, options, and affidavits

• Preparation of Deeds for Texas properties

• Preparation and review of leases and assignment of leases for residential properties

• Clearing title to heirship property in Texas through Affidavit of Heirship

Individuals are creating new businesses at a record pace and growing their existing ones. Having a business attorney is critical to your success to assist and provide guidance along the way. Attorney, Tori Daywalt, frequently assists small business owners in the following areas and more.

• Entity Selection & Formation with the Texas Secretary of State

• Agreements & Contracts