The Law Office of Nathaniel Gilbert, LLC
The Law Office of Nathaniel Gilbert, LLC provides estate planning services for individuals and families ranging from simple last will and testaments to complex, trust based estate planning systems.
Last Will and Testament
Trusts and Trust Funds
Powers of Attorney
Gun and Pet Trusts
Wills, Trusts, Advanced Directives and Succession Planning
Frequently Asked Questions About Estate Plans:
Texas Estate Planning: Your estate plan should reflect the important things in your life; When taking steps to ensure your legacy, reach out to Attorney Nathaniel Gilbert to help your Texas Estate Planning go smoothly.
How much does an Estate Plan cost?
Last Will and Testament, Single or Married; $720-$1,100
Trusts For Family Plans; $2,250-$4,900
Total Trust Based Estate Plan (Assets Totaling $11M to $26M); $5,100-$7,250
Trust Based Wealth Management and Legacy Planning (Assets Over $26M); $10,500-$15,750
Components of an Estate Plan
There are several tools of the trade that can make your estate plan function exactly as you want it to function. The foundation elements of a successful estate plan, however, boil down to some basic documents that serve to help your family carry out your wishes. Click on each of the items below to learn more about how these documents can be used in your Estate Plan.
- Revocable Living Trust and Pourover Will
- Last Will and Testament
- Powers of Attorney
- Advanced Directive/Living Will
Should my spouse and I have separate or joint trusts?
Because Texas is a community property state, married couples will almost always utilize joint trusts when crafting an estate plan. Individual trusts are more preferable for unmarried couples or individuals in community property states. Having a joint trust means that both individuals control the assets of the trust as the initial trustees—When one spouse becomes incapacitated, the other can use the trust assets for the benefit of the incapacitated spouse. At one spouses death, there is no transfer of assets because the assets are jointly held, and become the sole responsibility of the surviving spouse. There are many more benefits to joint trusts in certain circumstances.
What are the requirements for a valid will in Texas?
- The person making the will must be 18 years or older, OR be married or currently in the US Armed Forces, AND
- The person making the will must be of “sound mind,” such that they know what they are doing and have the mental capacity to make a will and understand what they are making
These requirements form the basis of every will recognized by law in the state of Texas. For each different kind of will, such as a self-proving will, oral will, or holographic will, there will be different requirements and standards for those documents.
When starting a business in Texas, there are many factors to consider, including the type of entity to choose. Two popular options are the limited liability company...
The 15 Most Frequently Asked Questions About Forming A Series LLC in TexasThe following is a quick and concise answer to the most frequently asked questions that I get...
Yes, but not in the way that you think. There is a growing sentiment among popular online advice columnists and bloggers that LLCs can help you avoid a large amount of...
If you want to use a different name for your business, make sure you differentiate between “I want to change the entire name of my business” and “I want to use a different name for my business in certain situations.”
A Professional Limited Liability Company is specifically provided for professionals looking to offer their services through an entity in Texas. Professional services, as defined by the Texas Statutes, means “any type of service that requires, as a condition precedent to the rendering of the service, the obtaining of a license in this state.
Regardless of the form of LLC you decide on (Series LLC, PLLC, or regular old LLC) you will need to make the decision of whether your new Texas entity will be Manager Managed or Member Managed. For the sake of this page, we are going to assume the owners of the LLC have chosen to have the company be managed by one or more Managers—Manager-Managed.
New business owners in Texas often form LLCs to start their company, but this process can be full of pitfalls and sometimes even the most careful of small business owners can make a mistake. Texas LLC Formation Attorney Nate Gilbert takes a look at the most common mistakes and their solutions.
Commonly, children will have powers of attorney for their parents when they get older and may need assistance with financial transactions. If a child holds power of attorney for their mother and/or father, they may represent them in a real estate transaction.
Converting to a PLLC from an LLC is a straightfoward process in Texas. Attorney Nate Gilbert provides the steps necessary to change your company to a Professional Limited Liability Company in 4 steps.
Creating an individual Series for your Series LLC is a straightforward process, but there are some critical steps that you need to take. When creating the new Series,...
Watch the video to discover the differences and considerations behind Manager Managed LLCs and Member Managed LLCs in Texas.
Video: What Does An Operating Agreement Do For My LLC?
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Bear Proof Estate Plans
Wills, Trusts, and Estate Planning Attorneys are practically never on the mind of the average person and even less so for the average avid outdoorsman. Thinking about our eventual resting place is not a fun topic, it is not something we talk about with our friends, and it is certainly not something we make sure to consider when we are getting our gear together for a weekend on the river or the mountains. But consider this: in addition to the pain of losing a loved one, failing to have an estate plan in place means your loved ones will not only be dealing with your absence, but be forced to go through a public probate process, debate what your last wishes would be regarding end of life care, fight over any heirlooms or artifacts in your possession, and wonder about what your legacy is supposed to be.
For the cost of a couple high end coolers (which we all have and very few of us need) you can prevent putting the burden of dealing with your estate on your family and in fact, actually provide for them in your absence. Working with San Antonio Estate Planning Attorney Nathaniel Gilbert for your estate plan will help your family avoid having to make the contents of your estate public, taxes, and even protect the assets from creditors.
Can I put my house in a trust?
Absolutely. An effective estate planning tool is a Qualified Personal Residence Trusts. When you create a QPRT, you place your primary residence in an irrevocable trust, meaning you can never get that house back into your personal possession and more importantly, not into your gross estate. Essentially, you place your home in the trust with the reserved right to remain in the house for a certain period of time or term. Once that period of time is over, the house officially belongs to the trust and you may even pay rent to the trust (read: transfer money to the beneficiaries of the trust—bonus!). There are a number of caveats to this plan though, including three year look back provisions for certain medical plans and tax considerations, as well as the possibility of the trust maker passing away before the end of the term of the trust.
Estate Planning for Hunters by a Hunter
Bear Proof Estate Plans for Outdoorsmen and Women and Their Families
As an avid outdoorsman, Attorney Nathaniel Gilbert knows and understands the importance of legacy and tradition. A properly crafted estate plan takes into account your values and lifestyle. Providing for cherished hunting heirlooms such as antique firearms with NFA Gun Trusts is an especially important consideration for those sportsmen wishing to create an estate plan for their family’s wellbeing. Pet trusts are not just for pampered poodles and toy dogs— Specifically crafted trusts for your hunting retrievers and pointers help ensure these vital members of our family are well protected and cared for in the specific way you desire should you become unable to do so. Charitable giving for conservation organizations such as Ducks Unlimited, Pheasants Forever, or the National Wild Turkey Federation are highly sought after estate planning components that leave a lasting mark for you and your family.