Estate Plans & Probate

Your estate plan is your final message to loved ones. Let Newnam Land help you craft that message.

Estate Plans and Probate Services

Estate planning should be more than a who-gets-what process. It should be viewed as a time to craft your final message to loved ones, giving careful consideration to how gifts are passed to encourage the legacy that you want to leave.

And your message is as unique as you are.

No two clients, and therefore, no two estates are the same. Every person has unique circumstances, wants, and hopes for the people they leave behind. All of these factors form your legacy. Newnam Land takes the time to get to know you and the reasons behind your gifts so that your message can be conveyed and your legacy established.

We take the time to educate you so that you understand the reasons behind the structure of your plan and how to maintain it. Our work doesn’t stop once you leave our office. We remain available to work with you after your documents are signed to make any adjustments and transfers necessary to effectuate your plan.

All of this attention is beyond one-size-fits-all solutions. You are not merely “check-the-box,” and your estate plan should not be either, no matter the size of your estate.

When a loved one passes, we are here to help you. Navigating probate and trust provisions in a time of mourning can be daunting. Having a knowledgeable professional assist you can lighten the burden that you face. The attorneys at Newnam Land understand the load faced by executors and trustees and can be on hand to guide you.

Our Services

Newnam Land can assist you in the complex areas of estate plans, probate and trust administration, and guardianship.

Estate Plans

Wills: A will directs the transfer of your property upon your death. There are a number of formalities and provisions necessary to ensure that a will can be easily probated. These formalities and provisions are often different from state-to-state.
Trusts: A trust holds and manages property for the benefit of certain people or entities. Trusts are often used to care for a person during incapacity, avoid probate after death, provide for minor children, protect beneficiaries from creditors, assist beneficiaries who have judgment issues or are disabled, transfer out of state property, and protect against future spouses, among other reasons.
Beneficiary Designations
Beneficiary Designations: Beneficiary designations are common on banking and investment accounts (including retirement accounts) and various insurance products. These beneficiary designations often “pass outside of the will” meaning that they control the disposition of the asset, regardless of a contrary provision in a will or trust.
Financial Power of Attorney
Financial Power of Attorney: Before you die, it is important that you name people to help you if you are incapacitated or otherwise unable to manage your financial affairs. Financial Powers of Attorney name an agent to help you manage your property.
Medical Power of Attorney
Medical Power of Attorney: This document names an agent to assist your medical professionals in making decisions about your medical care if you are unable to do so.
Living Wills/Medical Directives
Living Wills/Medical Directives: This document states what your wishes are if you are terminally ill, unable to make your wishes known, and require life sustaining measures.
HIPAA Release
HIPAA Release: This document states to whom your medical information may be released.
Disposition of Remains
Disposition of Remains: This document declares your wishes regarding how your remains are to be handled.
Designation of Guardian
Designation of Guardian: Through this document, you name a person to make personal or financial decisions for you, or for your minor child, if you are unable to do so. Guardianships require court approval and supervision, making them different from powers of attorney.

Probate & Trust Administration

Probate: Probate is a court proceeding through which your will is approved, the executor named in your will is formally appointed, and the directions in your will are carried out. A will does not eliminate the need for probate. However, your estate can be set up to avoid probate with proper planning.
Heirship Proceedings
Heirship Proceedings: If a person dies without a will or trust, an heirship proceeding may be used to identify heirs and transfer the deceased’s assets.
Trust Administration
Trust Administration: Trustees are responsible for the administration of trust property according to the terms of the trust. Additionally, trustees owe a fiduciary duty to the beneficiaries of the trust. Therefore, it is important that trustees follow the terms of the specific trust. Further, trustees must follow state law regarding trusts.


Guardianships: Sometimes an incapacitated person does not have a power of attorney or his existing power of attorney isn’t sufficient to adequately care for him or her. In these instances, a guardianship proceeding through the courts may be necessary to care for the incapacitated person and manage his or her financial affairs.

How We Can Help You

It is never easy to contemplate one’s demise, and it can be tempting to think, “I’ll be gone, what will it matter?” Unfortunately, a poorly planned estate can leave loved ones with a lot of uncertainty and chaos during some of their darkest hours.

Simple wills and on-line forms often do not contain the provisions necessary to address the specific needs of the people who use them. Further, a misunderstanding of how wills, trusts, and beneficiary designations work can lead to assets not being left according to your wishes. This confusion and chaos can affect your loved-ones’ final memory of you, leading to misunderstandings and hurt feelings. And the worst part is, there is nothing you can do at that point to explain your choices. The attorneys at Newnam Land can help you formulate and execute an estate plan that accurately reflects your final wishes and helps to ease the burden on loved ones.

These issues are not isolated to estate planning; use of forms and on-line powers of attorney can negatively affect your agent’s ability to care for you when you cannot manage your own affairs. Certain authority may be too narrow, or missing entirely, for your agent to act in your best interest. Newnam Land discusses with you what powers are best for your specific situation and why you may, or may not, include them in your power of attorney.

Get Started

Contact Newnam Land today to find out more about our services or to schedule a consultation.

Newnam Land Attorneys in Wimberley Texas
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14380 Ranch Road 12
PO Box 1709
Wimberley, TX 78676

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