Probate, Real Estate, and
General Business Attorney
Brian Maverick is a trustworthy San Antonio estate planning attorney who also provides counsel in matters related to probate, elder law, guardianships, real estate, and business transactions. At Maverick Law, we aim to provide our clients with knowledgeable and efficient solutions, which allow them to better manage their assets and interests while minimizing legal complications down the road. We believe in building long-term relationships with our clients to better serve their needs.
If you own property and want to make sure that it goes to the people whom you wish after your death, you should make or update your will. A will is a legal document that directs the distribution of your probate property, and it allows you to name someone whom you trust to oversee the management and distribution of your assets. When someone dies without a valid will, they die intestate, and the Texas laws of intestacy determine how their property will be divided and distributed. Our firm can draft both simple and complex wills.
Sometimes it may be helpful to prepare and set up a trust in order to manage assets for beneficiaries who may know how to manage money, are minors, or have special needs. In some cases, a trust may protect assets from creditors or make sure that property passes to children in cases of multiple marriages. We can prepare and set up trusts for you, your children or your grandchildren. We can also draft Health Care Directives, Declarations of Appointment of Guardian, HIPAA authorizations, Declaration of Guardians for Minor Children, and Pre-Need Declarations of Guardian in the Event of Capacity.
Probate is the legal process by which a court appoints someone or a financial institution to administer the estate of a person who has passed away. The individual or entity will be authorized to transfer assets to the beneficiaries of the decedent’s will or to the decedent’s heirs, if the decedent does not have a will. Texas probate is simpler and less expensive than many other states’ probate processes, assuming that the will provides for independent administration. Independent administration allows an executor to act on behalf of the estate without having to ask the court for permission to settle the estate, pay expenses, sell property, or distribute it. However, the executor will still need to provide notice to potential creditors, notice to the beneficiaries named in the decedent’s will, safeguard assets until it is time to distribute the assets, and provide the court with an inventory of assets.
When there is no will, dependent administration is the default (unless all of the heirs can agree on an independent administration), which means the administrator must ask the court for permission to settle, the estate, pay expenses, sell property and distribute the remaining assets. Dependent administration is much more expensive than an independent administration. See The links below for more information.
Attorney Brian Maverick can assist clients throughout Bexar County with all aspects of elder law matters, including preparing estate planning documents, assisting with legal issues related to current or future housing arrangements, administering probate, administering trusts, answering retirement benefit questions, and advising clients on making gifts, minimizing taxes, and forming Miller’s Trusts. Under federal and Texas laws, you are limited in how much monthly income you may have and still receive Medicaid nursing home benefits. Some people have too little money to pay for their nursing home costs, but their monthly income is too high to qualify for Medicaid. In order to deal with this problem, you may set up a Miller’s Trust, also known as a Qualifying Income Trust, which allows only the income of the person who needs it to go into the trust. The income limit for Medicaid changes yearly.
Guardianships exist to provide court-supervised administration of a minor or incapacitated individual’s affairs. The minor or incapacitated person is known as a ward. In Texas, a guardian known as a “guardian of the person” may be appointed to protect a ward’s physical well-being. Meanwhile, a “guardian of the estate” may be appointed to manage a ward’s property. In some cases, these are the same people. The rules related to proving that a guardian is needed for your loved one are complicated. Proof that a guardian is necessary must be made by clear and convincing evidence, a high standard. We can help you apply for and maintain a guardianship for your loved one.
For many people, the sale or purchase of residential or commercial property is among the most expensive transactions of their lives. We can provide help with buying or selling residential or commercial property and preparing leases.
We can help with many transactional matters related to your business, including business formation, corporate governance, statutory compliance, stock transfers, contract negotiations, lease agreements, employment agreements, and business dissolution. The entity that you choose for your business may have significant tax and legal consequences.
The simplest form of business is a sole proprietorship in which a single individual engages in a business activity without formally organizing as a legal entity. However, a sole proprietorship exposes an owner to potential liability, such as when someone trips and falls at the business or an employee believes that they were wrongfully terminated. A Texas corporation is a legal entity that has limited liability, centralized management, perpetual duration, and easily transferred ownership interests. A corporation, LLC, professional association, professional corporation, or general or limited partnership may provide a structure that serves your needs better than a sole proprietorship does, depending on your type of business. We can advise you on your options, prepare documents to form a business in the structure of your choosing, and provide guidance on all legal aspects of the business.
Whether you are buying property or preparing for how the property should be transferred upon your death, our firm can help facilitate your objectives. If you need a San Antonio estate planning lawyer, please contact Maverick Law, P.C. We also serve people who need a probate attorney or guidance in a guardianships, elder law, real estate, or business matter in Castle Hills, Alamo Heights, Terrell Hills, Olmos Park, Boerne, New Braunfels, Canyon Lake, Kerrville, and Bulverde, among other communities. Please contact us for a free initial consultation through our online form or by calling 210.828.5151. We look forward to hearing from you.