Traditional planning relies on wills to distribute assets after the death of the maker, and powers of attorney to manage that person’s assets if the maker is disabled; a condition that will be a reality for seventy percent (70%) of Americans over the age of 65.  That combination worked well for generations. But not today. Changes in the financial world dramatically limit the effectiveness of powers of attorney. Today banks and investment firms routinely refuse to recognize the authority of an agent; meaning that traditional planning not only chains users to the probate of their wills, it risks a far more expensive, intrusive and inefficient probate proceeding called guardianship. Living probate. In a guardianship case, a probate judge takes control of your assets. Your appointed guardian has only the limited authority to use your income.  Every expenditure out of principal requires the advance permission of that same probate judge. Annual accountings, motions asking permission from the judge, and other services required of your attorney means that, in guardianship, the spending out of your life savings never stops.

We believe Texans deserve better and more modern options to control how their life savings are managed during life and distributed at their death. To whom they want … how they want … when they want.  Without conceding discretion or waiting months or years for a judge’s approval of their plan.

We believe in you to set your own rules to control your future.   Modern Trust Planning puts you in control of how, when, and where your assets will be best deployed for you and your loved ones. As they should be. Under your control.  All while minimizing the cost of managing and distributing your assets, and minimizing or eliminating taxes and attorney fees. 

If you worry about the cost of planning, consider for a moment the cost of doing nothing.  Not planning means total state control over:

  • Who will inherit from you (alert: it may not be who you think)
  • Who will be in charge of managing and distributing your assets (a judge can put a stranger in charge of either task)
  • How those assets will be received by those who inherit (it will be outright, so imagine an 18-year old with complete control over how they spend their inheritance)

In addition to the loss of control over the management and disposition of your assets, estimates concerning the typical financial cost of probate without a Will range from 2.5% to 7% of the value of your assets.  So for an estate consisting of a house valued at $250,000, and financial assets of another $50,000, without a plan the cost of probate may be $7,500 to $21,000.  By contrast, investing in an estate plan based around a revocable living trust typically involves less than half of the resources lost to probate.

Want enhanced control over your hard-earned nest egg?  Without a trust-based estate plan you don’t have the control you think you have; control we believe you deserve. Control takes proactive planning and the guidance of a dedicated estate planning attorney.  So call today. Estate planning at Breshears Law means maximum control for you and, conversely, minimum intrusion by government at any level. Well-established Trust law can grant you the control you seek.  But only if you use it.  We want to show you how.