• Willing Goodness - Goal Driven Planning

    Your Will is your last opportunity to accomplish your goals for your family and estate. Whether you want to promote self-sufficiency, encourage education or entrepreneurship, or simply provide a basic level of support, your estate plan should be driven by your goals. Thus, keep those goals in mind when completing this worksheet.

  • All wills drafted by the Duran Firm have the following features which address the near-universal goals of our clients:

      Independent administration

    Allows for the quick and efficient administration of your estate by allowing your estate to be probated and administered with the absolute minimum of court involvement required under Texas law.
      Alternate distribution
    plans

    The Will provides for alternate plans if one or more of the designated primary beneficiaries dies before the Testator, thus eliminating the need to constantly revise the Will.
     
     
      Trusts for
    minor beneficiaries

    		 The Will provides for a trust in case a child becomes an heir to the estate, thus eliminating a costly court-supervised guardianship of that minor's estate.
     

    No contest 
    clauses
     
     

    		 Provides for the disinheritance of any would-be beneficiary who challenges the estate plan in bad faith.
      Formal Will execution ceremony

         		 The attorney leads the testator and witnesses through the execution of the Will using a script created by a Texas wills and estates professor.  This process makes it difficult to successfully challenge the Will.
      Self-Proving Affidavits





    		 As the Will is executed, the testator and witnesses all testify about the process of signing of the Will.  This provides evidence to the court that the Will was executed in accordance with Texas law, thus eliminating the need of finding a witness when submitting the Will to the probate court.

     Let's get started!

  • Please continue through all of the pages and click the green "Submit" button at the end of the worksheet.

  • Personal Information

  • U.S. Citizen*
  • Are you the beneficiary, trustee (singly or jointly), or creator of a trust?*

  • Information about Spouse

    You filled out the worksheet for estate planning for a single person. Nevertheless, we need to know your spouse's name.

  • Information about Children

    Please tell me about your children, both alive and deceased. If you do not have children, you can scroll down and click "Next".
  • Child #1's Date of Birth:
     - -


  • Is Child #1 Living?
  • Does Child #1 have Children?
  • Does Child #1 have Special Needs?
  • Child #2's Date of Birth:
     - -


  • Is Child #2 Living?
  • Does Child #2 have children?
  • Does Child #2 have Special Needs?
  • Child #3's Date of Birth:
     - -


  • Is Child #3 Living?
  • Does Child #3 have Children?
  • Does Child #3 have Special Needs?
  • If any of your children die before you, or have already died, do you want his or her share to go to that child's descendants? This is called a "per stirpes" distribution?

  • Financial Fiduciaries (Agents, Guardians, Executors, and Trustees)

    They handle your estate when you are disabled or deceased.

  • A fiduciary is someone who accepts the responsibility for taking care of the property of another person for the benefit of that person. Your estate plan will include the appointment of financial fiduciaries.

    Qualities to look for in fiduciaries:

    1. responsible, business-like adults;
    2. never been convicted of a felony;
    3. preferably have their own money so they are not tempted to dip into yours;
    4. at least one agent should be relatively young so that you don't outlive all of your fiduciaries;
    5. other beneficiaries are often alternates.  

    These people will fill the following roles in your estate plan:

    Agent:  the person responsible for taking care of your property while you are still alive pursuant to a Power of Attorney.

    Guardian:  the person responsible for taking care of your property while you are still alive pursuant to a court appointment.

    Executor:  the person who will be responsible for probating your Will, paying your last debts, filing tax returns, and distributing the assets of the estate to your beneficiaries.

    Trustee:  the person who will be responsible for the long-term management of any property left in trusts for your beneficiaries.

  • Professional Trustee

    For some people, the thought of leaving a $5 million trust under the supervison of a brother-in-law that likes to dabble in the market or who struggles to make ends meet causes some concern.  For larger estates, the Duran Firm recommends that clients consider having a professional trustee oversee the long-term management of trusts left to their children.  Yes, the trust company will charge a fee, however, you get professional management and a "deep pocket" to sue if things go wrong. Your struggling brother-in-law is probably judgment proof.

  • Professional Trustee?

  • Last Will and Testament

  • Please describe who will receive your property at your death.  Please remember that "pay on death", "transfer on death", and other similar beneficiary designations on your accounts take priority over the terms of your Will.

  • Are you going to leave everything to your children, share and share alike?*

  • Control from the Grave

    Distributing your estate to the beneficiaries pursuant to a trust allows for you to control the use of the assets after you die.
  • How would you like your estate to be available to your beneficiaries?
  • For money held in trust, what would you like the money to be used for?

  • For money held in trust, what limitations would you like to have on distributions?

  • Power of Attorney

    Please list the powers to be given to your Agent in your Power of Attorney.
  • Please list the powers to be granted to Agents (check all that apply)*
  • When do you want your power of attorney to take effect?*

  • Medical or Health Care Agents in Case of your Incapacity

    These people pick your nursing home.

  • Please designate medical agents who will be responsible for making personal and medical decisions for you in the event you are unable to do so. These persons will be named as your Agents in a Medical Power of Attorney and will be named as the Guardians of your Person in a Designation of Guardian form.

  • Living Will

    Your wishes in case of permanent or terminal medical incapacity will be expressed in your Living Will, also referred to as a Directive to Physicians.

  • When death is expected within six months, no matter what.

    If, in the judgment of my physician, I am suffering with a terminal condition from which I am expected to die within six months, even with available life-sustaining treatment provided in accordance with prevailing standards of medical care:

  • CHOOSE ONE*

  • When death can be delayed indefinitely; example = feeding tube.

    If, in the judgment of my physician, I am suffering with an irreversible condition so that I cannot care for myself or make decisions for myself and am expected to die without life-sustaining treatment (such as a feeding tube) provided in accordance with prevailing standards of care:

  • CHOOSE ONE*

  • Long-Term Care and Custody of Your Minor Children

    Please designate the persons who will take long-term care of your minor children should both parents die or become unable or unavailable to make healthcare decisions.

  • Temporary Care and Custody of Your Minor Children

    Please designate the persons who often take temporary care of your minor children.

  • The authority granted to any temporary Health Care Surrogate shall include, but not be limited to the following (check all that apply):

  • Authority Granted to Health Care Surrogate

  • Disposition of Remains

    A lot of disputes arise over "what mom or dad would have wanted." Settle the fight.
  • Please indicate how you would like your remains to be handled.

  • Transfer on Death Deed (TODD)

    Texas passed the Transfer on Death Deed Act in 2015. It allows a person to name a beneficiary for his or her real real property without the property having to go through probate. Such designation would bypass the terms of your will so if you are leaving your property to minors or young beneficiaries, you might want to avoid the TODD.
  • SIGNED AND ACCEPTED ON: *
     - -
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