Preserving Family Wealth for Generations

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19311 FM 2252 Suite 103, San Antonio, Texas 78266

San Antonio Revocable Trust

The advantages of a revocable trust

A revocable trust is an agreement that allows an individual to sign a trust agreement that names another person as an executor with the power to administer the assets that are placed in the trust.  A revocable trust simply means that the grantor of the trust can revoke, or change their minds regarding how the trust should be administered at any time.

Residents of San Antonio may want to consider creating a revocable trust because it offers many advantages for managing wealth and transferring it to beneficiaries

Flexibility.  With a trust in place, you get to decide who and how you want your assets to be administered, instead of relying on the courts, which often limits your choices.

Avoid probate.  Probate occurs when the state has jurisdiction and takes control and distributes the assets after someone has passed away.  It can be costly and time-consuming, which is why this is one of the main reasons people cite for creating a trust.

Availability of assets.  Assets in a revocable trust are more readily available than if a person only has a will or no directives at all.  This quick availability of cash makes it easier to handle funeral and medical expenses.

Continuity of care.  With a revocable trust in place, a trustee can manage assets much easier if the grantor becomes disabled or incapacitated.  Without a trust in place, there may be a lengthy process of gaining control of a person’s assets that involves being named a conservator or guardian before any management of assets can take place.

Continuity of investment management.  A trust allows a grantor’s investments to remain in place if they become incapacitated or pass away.  By doing so, this can produce significant investment returns by not having to liquidate assets when market conditions are not favorable.

The Voeller Law Firm proudly serves San Antonio, Bexar County, Schertz, Garden Ridge and nearby Texas communities.

San Antonio Aid and Attendance

Veterans can get extra help through Aid & Attendance benefits

San Antonio residents who are veterans that have served in the United States military may be eligible for a pension benefit known as Aid and Attendance.

Aid & Attendance is a little-known disability income benefit. It is specifically for veterans who require the aid and attendance of another person to help them with their daily life activities.

The Aid & Attendance benefit is paid in addition to a normal veterans pension. A veteran may be impacted from receiving Aid & Attendance if they exceed certain income guidelines. To qualify, one of the following conditions must apply:

You require the help of another person to perform personal functions such as bathing, eating, going to the bathroom, getting dressed, or other similar activities.

You are bedridden, requiring you to stay in bed apart from any convalescence activities.

You are a patient in a nursing home due to physical or mental challenges.

Your eyesight is a corrected 5/200 visual acuity or less in both eyes.

A related benefit is the Housebound benefit, which is added to a veteran’s monthly pension when they are substantially confined to their immediate premises because of a permanent disability.

While Aid and Attendance can provide several important benefits for veterans, sometimes the paperwork can be complicated. If this is the case, it may be wise to seek the assistance of an attorney who can help you in completing an application, ensuring you get all the benefits you are entitled to.

In any event, you will need to apply for Aid & Attendance or the Housebound benefit by contacting the Texas Pension Management Center or by visiting a regional benefits office to file a request.

The Voeller Law Firm proudly serves San Antonio, Bexar County, Schertz, Garden Ridge and nearby Texas communities.

San Antonio Elder Law

Protecting the rights of the elderly in Texas

There are about 2.4 million people in Texas who are 65 years or older. As Texas’s population continues to age, the Texas Attorney General is responsible for administering a series of rights specifically aimed at serving and protecting seniors. The Attorney General is responsible for investigating abuse, neglect, financial exploitation and senior care issues.

In addition to all the rights and privileges afforded to the residents of San Antonio and throughout the entire state of Texas, there are a set of elder laws on the books to specifically protect Texans aged 60 and older.

Section 102.003 of the Texas Human Resources code explains all the details of these specific laws which include:

  • Right to be Free to Exercise Civil Rights Under the Law
  • Right to Dignity and Respect
  • Right to Designate a Guardian or Representative
  • Right to be Free from Physical or Mental Abuse
  • Right to Communicate and Complain Regarding Treatment, Care or Services
  • Right to Privacy
  • Right to Participate in Activities
  • Right to Manage Financial Affairs
  • Right to Access and Confidentiality of Records
  • Right to Information and Choice Regarding Medical Conditions and Care
  • Right to Keep Possessions
  • Right to Refuse to Perform Services
  • Right to Information About Benefits
  • Right to Remain with a Chosen Service Provider
  • Right to Make Other Legal Decisions and Documents

In many instances, in addition to actions taken by the Texas Attorney General, seniors or their representatives may be able to take legal action to seek reparations against individuals or organizations who have committed abuse, fraud, financial crimes or other acts that have caused harm to seniors.

The Voeller Law Firm proudly serves San Antonio, Bexar County, Schertz, Garden Ridge and nearby Texas communities.

San Antonio Asset Protection

Protecting your assets from civil money judgments

Taking the appropriate legal steps to protect your assets from individuals and businesses who are seeking money judgments against you is critical to maintaining your long-term financial health.

Asset protection is sometimes called debtor-creditor law, and the goal is to insulate assets from creditors without concealing them or evading taxes.  Asset protection is a fairly new legal concept, only becoming a stand-alone area of the law in the late 1970s.

In San Antonio and throughout the state of Texas, there are many ways to take steps to protect your assets, including the creation of a trust, corporation, limited partnership or a limited liability company.

Experts agree that the best way to protect assets is to take steps to shield them when times are good, so that you can already have a plan in place in case business ventures take a turn for the worse, you get sued, or other bad situations arise, and sooner or later, they always do.

If you take asset protection steps after a claim arises, you could be accused of a violation of fraudulent transfer laws.  This can undo the steps you’ve taken in a hurry and could actually put you in even greater financial harm.

You should also understand that personal assets belong in trusts, while business assets belong in entities such as corporations, partnerships and LLCs.  This provides the highest degree of asset protection backed by a long history of laws.  And those who think placing money in offshore business ventures may be in for a rude awakening because courts are stepping up efforts to bring money back to the United States through repatriation orders.

Other attempts to hide or conceal assets are not a good idea either.  That’s because creditors have become very sophisticated in tracking down assets.  Your best bet is to create entities that are public in nature, but shielded from those who seek to separate you from your assets.  Failing to disclose can lead to charges of perjury or bankruptcy fraud against you.

The Voeller Law Firm proudly serves San Antonio, Bexar County, Schertz, Garden Ridge and nearby Texas communities.