Attorney Robert D. Hemphill routinely represents executors or administrators in the administration of decedent’s estates, including independent administration (where a valid will names an independent executor who is qualified and available to serve), independent administration with will annexed (as where no independent executor is named in the will or the executor named is not available to serve but all distributees agree on an individual or entity to act as independent administrator pursuant to court order), or dependent administration (in which there is no will and/or no agreement as to who can act as administrator). Representation is also available for applications to determine heirship where there is no will (determining the identity of heirs and property passing to each under Texas inheritance law) and disputes regarding the validity or interpretation of wills and trust agreements.
Attorney Robert D. Hemphill can also prepare key estate planning documents such as a will and/or trust to insure that the client’s will pass to the desired beneficiaries with a minimum of expense and without excessive tax liability or inconvenience.
Mr. Hemphill also provides assistance with basic personal and estate planning documents which everyone must consider, including:
- Durable power of attorney (either general or limited to specific purposes) to designate a trusted person to attend to the client’s affairs (e.g. signing contracts or paying bills) during a period of disability or absence from the country.
- Directive to physicians or “living will” (setting out the client’s desires as to medical treatment in the event of terminal illness and certain other situations).
- Medical power of attorney (designating a person to make medical treatment decisions in the event of the client’s incapacity).
- Inter Vivos (living) trust agreements to provide for management of investments during disability and/or transfers of property without a probate administration.
- Guardianship declarations to designate a person to act as guardian in advance of the need.
For more information on Wills and Trusts, please visit our section on Wills and Trusts.