Wills and Trusts
Dallas Lawyers Available to Create Wills and Trusts
Dallas Estate Planning Attorneys
Wills & Trusts: Essential Protection for Your Family and Assets
At Garcia-Windsor, P.C., we view estate planning, (Wills and Trusts) not just as a financial task, but as essential crisis management. We help Dallas-area individuals and families establish legally sound Wills and Trusts that ensure your assets are protected and that your children are cared for, especially when faced with the risks of detention and deportation.
Do you not have a will, living will or trust?
Call (214) 466-6699 or contact us online to find out how our team in Dallas can assist with your case.
The Cornerstones of Your Estate Plan
We use fundamental estate planning documents, customized to address the unique challenges facing immigrant families, providing authority to your trusted designees when you cannot act yourself.
• Last Will and Testament: Your Will directs asset distribution and is critical for naming an Executor. Most importantly, it allows you to name Guardians for your minor children, ensuring they are protected by a family member you trust, rather than the state.
• Trust Creation: A Trust is a powerful tool for maintaining continuity and control over your wealth.
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Financial Continuity: Establishing a Trust allows a designated Trustee to immediately manage assets, pay mortgages, and handle business operations without court intervention. This is crucial in the event of deportation to prevent foreclosure, banking issues, or a distressed sale of your property, ensuring your family has access to necessary funds.
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Privacy: Unlike a Will, a Trust is generally a private agreement, keeping your financial affairs confidential.
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Durable Power of Attorney (DPOA): This document appoints an agent to manage your financial and business affairs if you are incapacitated or unavailable, such as in the event of detention or deportation. The DPOA is vital for ensuring someone can pay bills, access accounts, or sign documents on your behalf while you are detained or outside the country.
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Living Wills (Advance Directives): Known in Texas as a Directive to Physicians and Family or Surrogates, this legally states your wishes regarding life-sustaining treatments should you become incapacitated.
Guardianship:
Protecting Your Children During Crisis
Minor Guardianship
Guardianship planning is the most immediate and sensitive element of crisis-aware estate planning for families facing potential immigration enforcement.
Standby Guardianship: This planning is essential for immigrant families facing potential detention or deportation. It allows parents to proactively designate a caregiver for their children. By establishing this legal authority, you prevent your children from entering the foster care system or being left with someone without the legal power to consent to their medical care or education.
We establish the legal care and custody for a minor when their parents are unable to do so, ensuring their well-being and financial needs are met by the person you choose.
Top Questions About Wills & Trusts in Case of Deportation
What happens to my U.S. property if I am deported without a Will or Trust?
Your ownership rights to your U.S. assets (like your house or bank accounts) generally remain yours. However, without a legal plan like a Trust or DPOA, your family will have no legal access to manage those assets, pay bills, or prevent foreclosure, which can lead to property loss.
How does a Trust help my business or assets if I'm deported?
A Trust allows a pre-selected Successor Trustee to step in immediately and manage all assets held in the Trust (bank accounts, business interests, property). This provides financial continuity, something nearly impossible to achieve from outside the country without a formal legal mechanism in place.
What is the most critical document for my U.S. Citizen children?
The Standby Guardianship document is critical. It allows you to legally appoint a caretaker whose authority is triggered by your detention or deportation, ensuring your children stay with family and out of state custody.
Will a Durable Power of Attorney (DPOA) work while I am detained?
Yes. A DPOA can be drafted to be effective immediately. This allows your Agent to act on your behalf for financial and business matters from the moment you are detained or become unavailable, protecting your finances and ensuring immediate needs are met.
Speak to an Experienced Estate Planning Lawyer in Dallas for Will, Trusts, DPOA and Guardianship
Ready to Secure Your Family's Future?
Don't wait for a crisis to create your protection plan. Garcia-Windsor, P.C. provides the comprehensive, bilingual legal guidance necessary to establish these essential documents and secure your peace of mind.