After a thorough examination of assets, we work with our clients to design, draft and execute an estate plan that meets the client's goals and objectives and to effectively minimize taxes. In simple terms, estate planning typically involves a Will and impaired judgment documents, such as medical and durable powers of attorney, and an advance directive to physicians and surrogates also known as a "living will". Estate planning may also involve revocable living trusts, gift trusts, marital agreements, buy-sell agreements for closely held businesses, and related instruments to suit the client's needs. Every estate plan is unique to each client but can:

• Preserve and protect your wealth

• Maximize the benefits to family, friends, and charitable organizations

• Provide asset protection from creditors' claims

Ensure that your wealth is made available to loved ones on the terms and with as much (or as little) control as you desire

What is “probate?” Probate is the first step of the legal process which takes place after someone dies. It begins with a court determining whether or not a Will is valid or invalid. Upon proving that a will is valid and that it meets the statutory requirements to be admitted, the probate process continues which is normally described as the administration of the estate. When we represent an executor or trustee, whether it be a surviving spouse, a relative or a close friend, or a financial institution, we help them as needed to perform three primary functions which are as follows:

• Gather the assets of the decedent

• Pay the liabilities of the Estate ( and file a federal estate tax return, if necessary)

Document and assist in distributing assets as provided for in the Will (or revocable living trust), whether it be to individuals or trusts, such as a Bypass Trust, Marital Trust, or Descendant's Trust

The Swain Law Firm is a law firm practicing in numerous aspects of real estate in the Houston community. Our real estate attorneys handle a wide-range of transactional real estate matters, including:

• Acquisition and sale of land and income-producing projects ( industrial, office, retail)

• Contractual matters related to acquisition and development

• Residential and Commercial Leases ( both landlord representation and tenant representation)

• Heirship determinations and tracing to cure clouded titles

• Partnerships, limited liability companies and other entities for real estate investments and developments

For corporate and taxation issues related to real estate transactions, our clients can turn to attorneys in our network who practice in these areas. And, should disputes arise, our clients can rely on trial lawyers who have longstanding relationships with our firm with extensive experience handling real estate and construction-related disputes.

The Swain Law Firm handles a range of disputed matters incidental to probate, including:

• Breach of fiduciary duty claims

• Will contests

• Lawsuits involving trust disputes.

In blended family situations with step-parents or children from previous marriages, The Swain Law Firm assists its clients as they navigate through the myriad of issues that arise when a family member dies or becomes incapacitated. Our focus in any type of litigation matters involving fiduciaries, families and their entities continues to be on dispute resolution.

Additionally, the firm has worked on numerous cases involving wrongful death or catastrophic injury litigation. We welcome the opportunity to review these potential claims with you.