Margaret K. Schlesinger, Esq., PLLC
Estate Planning and Probate Law Firm
Frequently asked questions
Do you work with non-traditional families?
Absolutely. We love meeting and working with families of all shapes and sizes. This includes same-sex couples, blended families, unmarried families, and every other way that people come together to love and care for one another.
What happens if I die without a will?
If you die in Texas, your family will have to go through the headache of filing an intestate administration through the probate court. It is cumbersome, expensive, and takes longer than probating a valid will.
Can't I just use an online will maker?
Absolutely. There is some really great software out there for people with very simple estates. It is important that you follow the directions to be sure that your will is properly executed so the court will accept it at your death.
Can I make sure my pets are cared for?
Yes. Pets are members of the family and we can absolutely help you ensure that your furry children are cared for for the rest of their lives.
What happens to my minor children?
Planning for the care and support of your minor children is the most important part of a young family's plan. We can help you nominate a guardian to care for your children in the event of your premature death or disability as well as set up a trust to protect their inheritance.
Do you do special needs planning?
At this time, no. We have some wonderful referral partners though! One of your duties as a forever parent is to care for your special needs children after you pass. They can help you set up special needs trusts to protect their assets while allowing them to qualify for government benefits as well as name guardians to love and care for them after you no longer can.
When can kids inherit property?
In Texas, if a minor inherits property, the courts will place it in a trust for them until they turn 18. If you feel that your child would not be mature enough to handle an inheritance at 18, we can help you create a trust to manage the funds for them until an age that you choose.
How should I store my documents?
You will receive a PDF version of all of your documents in addition to your signed originals. It is imperative that you store them someplace safe from fire or water. In Texas, you must probate an original will. We do not recommend the use of bank safety deposit boxes but rather something secure in your home that other trusted people know how to access. We can make recommendations of products if you're curious.
Do I have to leave everything to my spouse?
No. Texas is a community property state and you have the right to dispose of your one-half interest as you see fit. It gets more complicated if you or your partner have separate property which could leave your surviving spouse unsupported. These situations have to be discussed on a case-by-case basis and we're happy to talk to you about it.
Do you write gun trusts?
We do not create gun trusts. If you own specialized weaponry that would require such a trust, we have some great recommendations of lawyers who can write these trusts for you and would be happy to give you their names.
Do you do will contests?
At this time we do not represent clients in contested matters. We do have some great law firms here in the Woodlands that we would happily recommend.
Do my college kids need a power of attorney?
Once your child turns 18, they are legally an adult and you don't get to make financial or medical decisions on their behalf. A power of attorney allows you to continue to care for them and act on their behalf and is strongly recommended. We would work with your child to create the document so they understand exactly what powers they are granting to their parents.