Arthur Lee “Lance” McLain, Jr., an attorney in Houston, Texas, has provided legal services to individuals and families since 2000. Lance earned a BBA degree from Texas Christian University, in Fort Worth, Texas; and a JD degree from South Texas College of Law, in Houston, Texas. He is Certified as an Elder Law Attorney by the National Elder Law Foundation as recognized by the Texas Board of Legal Specialization.
You may be familiar with the term “estate planning” if you work with a financial planner or an insurance agent. Those services are a part of your plan. However, some of your decisions and actions involve legal issues. Lance can help you identify and prioritize your goals for (1) transferring your assets upon your death (or during life), and (2) identifying a decision maker (for personal and financial decisions) if you become incapacitated. Once your goals are identified, Lance will prepare and help you execute the necessary documents to accomplish those goals. Such legal documents include, for example, Wills, Trusts, Powers of Attorney, and Advance Directives. If you have minor children, the documents may include Declarations of Guardians.
“Elder Law” is not about age. Lance can help you identify and prioritize your goals for (1) transferring your assets upon your death (or during life) to a family member who is Disabled, and (2) paying your long-term Skilled Nursing Care costs, if such care is needed. These goals are integrated with your overall estate plan. Once your goals are identified, Lance will prepare and help you execute the necessary documents to accomplish those goals. Such legal documents include, for example, Special Needs Trusts, Qualified Income Trusts (a.k.a. Miller Trusts), and Enhanced Life Estate Deeds (a.k.a. Lady Bird Deeds or Transfer on Death Deeds). Lance can help you identify whether Medicaid or the Veterans Non-Service Connected Pension are good options for your long-term care needs.
Upon your family member’s death it may be necessary to proceed with some type of “probate” in order to transfer assets to the intended beneficiaries. Lance can help you identify the most efficient approach. There is not just one type of proceeding. It may be necessary to appoint an Executor (and obtain Letters Testamentary), or instead, an Affidavit for Small Estates might accomplish the necessary transfers. In some situations, a Determination of Heirship is necessary. If your family member established a Trust, Lance can help you with the Trust Administration.