Q: If I haver a small estate, under 100K, no debts, no fixed assets, can I make my own will and power of attorney ?
I have copied and edited a will/last testament, power of attorney and medical directive from online to fit my situation. I can file them with the county clerks office. Do I still need a probate attorney?
A:
Your Medical Power of Attorney and Advance Directive to Physicians and Surrogates should be given to your physicians and the people they name. Your Durable Power of Attorney should be filed in the deed records of the county in which any real estate it governs is located. Some county clerks do accept Wills for filing before someone dies. But when you die, the person you named as your executor will need to hire a probate attorney to present the will to court for probate (proving it is your Will, proving what you own and owe and who gets the rest). Meanwhile, you need not a probate but an estate planning attorney to make sure the Will is properly drafted, signed and witnessed and attaches a properly drafted, signed, witnessed and notarized self-proving affidavit. Without this, you risk an heirship proceeding.
That costs more and takes longer than probating a Will, Depending on the nature of your property and family, an estate planning attorney attorney may be able to tell you how to pass your property without a Will, without probate and possibly without reimbursing Medicaid for your care (78% of Texans need Medicaid later in life).
Tammy L. Wincott agrees with this answer
A: I recommend having an estate attorney review the documents you have prepared.
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