110 North College, Tyler Texas
Phone: 903-597-8311

Estate Planning, Probate and Elder Law

Estate Planning, Probate and Elder Law

Potter Minton provides individualized and comprehensive estate planning services. An estate plan is not simply a set of documents. It is a legal strategy that ensures that a client’s wishes are carried out, their wealth is protected, and their assets are transferred to their desired beneficiaries in a cost-effective and tax-efficient manner. No two clients are alike. So, we start each estate plan by listening to our clients and identifying their unique needs. We then design a plan that truly fits their needs and goals.

Estate planning clients often bring us their current wills and other documents and we encounter all sorts of estate plans when we are hired to help administer estates. By far, the most common mistakes we see result from DIY estate planning, cookie-cutter documents, and unnecessary layers of complexity. If you are not sure that your current estate plan fits your unique needs or wonder whether you really need all of the complexity you bought into several years ago, contact one of our lawyers for a brief, no obligation review.

In the probate context, we guide and assist families with settling the affairs of loved ones who have passed away. Complex or simple, wealthy or not, administering an estate is an important matter that must be done properly. Mistakes can be costly from both a financial and emotional perspective. Our attorneys help executors, administrators, and trustees navigate through the process and complete their duties in a timely and cost-efficient manner.

Unfortunately, disputes often arise after the death of a family member or during the administration of an estate or trust. When they do, our attorneys have the experience needed to thoroughly investigate the matter and either defend fiduciaries wrongly accused of malfeasance or seek compensation for beneficiaries harmed by the misappropriation or mismanagement of property.

The practice of elder law is primarily concerned with the interplay between estate planning and governmental benefit eligibility. This area of law is highly complex and fraught with peril for those who attempt to navigate this arena without the aid of a lawyer. Using the wrong tools or following bad advice online can lead to benefits being denied or, worse yet, criminal liability. Medicaid benefits are not for everyone, but with proper planning, certain families can receive the assistance they need to care for a loved one without destroying their financial security. Our attorneys can explain the process and, when appropriate, craft a plan to protect certain assets from the devastating expenses of skilled nursing care.

In each of these areas of practice we strongly believe that listening to our clients’ desires, needs, and concerns is of utmost importance. When we are armed with a complete understanding of a client’s circumstances and goals, we can devise and implement a truly custom plan that will accomplish their objectives without unnecessary expense or needless complexity.

Areas of experience and expertise include:

  • wills
  • living trusts
  • financial powers of attorney
  • medical powers of attorney
  • living wills
  • special needs trusts
  • special purpose trusts
  • properly coordinated life insurance and retirement account beneficiary forms
  • probating wills
  • obtaining guardianships
  • advising and assisting executors, administrators, trustees, and guardians with the administration of estates, management of property, handling of claims, and annual accountings
  • will contests
  • fiduciary liability
  • elder abuse