Estate Planning Lawyers for Midland, Texas
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Brian R.
Brian C. Restivo, the managing member of Restivo Legal, PLLC, has been licensed by the State Bar of Texas and continuously practicing as an attorney since November of 2000. Over these years, he has represented customers across the spectrum - from a Fortune 500 company to individuals - and is seasoned at tailoring his services to the unique needs of each customer.
"Thank you for taking your time to review my contract with me, answer all my questions and for making me comfortable and knowledgeable enough to continue in this land buying process!"
Joshua B.
Josh Bernstein has been serving real estate and corporate transactional clients since 2002. His experience is varied, and he enjoys working on and puzzling out novel and complex corporate and real estate matters. Josh’s experience includes, among other things, the following: representation of public companies in connection with SEC reporting and compliance work (proxies, 10-K’s; 10-Q’s; 8-K’s, etc.); representation of public and private company securities issuances (including private placements, and other similar offerings); assistance in structuring and drafting joint ventures, both for investors and operating partners, and including both real estate and corporate ventures; handling public and private company mergers and acquisitions; and asset sales and dispositions; assisting clients, big and small, with real estate acquisitions, sales and financings; managing large-scale and multi-state real estate portfolio acquisitions, dispositions and financings; complex condominium creation, structuring and governance work, including: commercial condominiums, use of condominiums as a land planning tool, wholesale condominium property acquisitions and dispositions, and rehabilitating failed or faulty condominium legal structures to make ready for sale; development of restrictive covenants and owners’ association documents for master-planned communities; compliance with federal statutes governing real estate sale and development (including, without limitation, the Interstate Land Sales Full Disclosure Act, the Housing for Older Persons Act, and the Americans with Disabilities Act); representation of real estate lenders, for both improved and unimproved property, and including numerous construction financings secured by real estate; assistance with commercial leasing; from both the landlord and tenant side, and including condominium leasing; training residential home and condominium sales staff for compliance with applicable local and federal law; and workouts of all kinds. When he’s not busy lawyering, Josh may be found watching 80’s commercials, flying a single-engine plane, playing poker, or trying to be a good dad.
"Josh has been extremely helpful sorting through issues with a tenant."
Michelle T.
I am an experienced, well-rounded attorney with a background specializing in trusts and estates, contracts and business law. I have extensive experience working with simple contracts all the way up to multi-million dollar deals.
"Michelle drafted an excellent and unique Post Nuptial agreement which outlines a very specific "process" that will be used to divide assets in the event of divorce. Since assets can change value daily, traditional "splitting an asset list" methods are often outdated within a week of signing. Michelle rose to the challenge at a very reasonable price. Other, "meter man" attorneys would have charged at least 5x more. I highly recommend Michelle!"
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Darryl S.
Darryl S.
I offer flat/fixed fees rather than hourly work to help lower your legal costs and align our interests. I specialize in contract law and focus on making sure your contract is clear, protects your interests and meets your needs. You can expect fast, straightforward communication from me, making sure you understand every step. With my experience, you'll get a detailed review of your contract at a fair, fixed price, without any surprises. I have over 30 years of business and legal experience that I bring to your project. I graduated from The University of Texas School of Law with High Honors in 1993 and practiced at Texas' largest law firm. I have founded companies and so understand how to be helpful as both a lawyer and business owner.
"Had a great experience working with Darryl. He was thoughtful, direct, responsive, and most importantly able to quickly understand a complex business and regulatory structure without overcomplicating things. Really appreciated his practical approach and ability to explain things clearly. Highly recommend."
Ivan B.
I grew up in Beaumont, Texas. I attended Baylor University for college and the The University of Texas School of Law for law school. I gained extensive experience in many areas of transactional law through my former position as corporate counsel at National Western Life Insurance Company and my current position as an Associate at Nance & Simpson, LLP.
"Ivan is an excellent attorney, very meticulous, thorough, and incredibly fast. He pays close attention to every detail and makes sure everything is done right. I really appreciate his efficiency and professionalism. Highly recommend."
August 22, 2023
Austin R.
With experience in Criminal trial, Civil trial, writs and appeals, I have both reviewed and drafted contracts from employment contracts to software development and everything in between.
Joe C.
Born in Dallas, Texas, Joe Craddock represents clients in a range of litigation and transactional matters covering Contracts, Real Property, Oil and Gas, and Construction Defects.
September 4, 2023
Tetyana J.
I am a highly accomplished and dedicated immigration attorney, renowned for providing top-tier immigration legal services that consistently exceed expectations. I am known for my expertise in offering exceptional representation across a broad spectrum of immigration cases, including EB-2 National Interest Waivers (NIW), O visas, EB-1A, family-based immigration, TPS, Adjustment of status, asylum petitions, and skillful advocacy in Immigration Court proceedings. My clients rely on my unwavering commitment to their immigration needs, trusting in my in-depth knowledge of the intricate legal processes and my steadfast determination to secure favorable outcomes. My reputation as a leading authority in the field is a testament to my unwavering commitment to delivering unparalleled, high-quality immigration services. In addition, I am fluent in Ukrainian and Russian.
September 6, 2023
Christian D.
Christian Davila received his Juris Doctorate from St. Mary’s University and becoming a member of the State Bar of Texas in 2013. Before law school, he studied at Texas A&M International University (TAMIU), and participated in multiple programs across various fields of study, including the University of Texas Medical Branch-School of Medicine’s “Early Medical School Acceptance Program,” and the Hispanic Association of Colleges & Universities’ “National Internship Program” at the Library of Congress in Washington, D.C. Christian’s legal experience includes criminal law (both prosecution and defense), family law, transactional law, business litigation, real estate litigation, and general civil litigation. Christian was previously in-house counsel for a multi-million dollar apartment construction and management company, handling all property acquisition, document drafting, negotiations, and litigation. Christian is a former member of the American Association for Justice (formerly the Association of Trial Lawyers of America), and he has been distinguished by the National Trial Lawyers as one of their TOP 40 Civil Plaintiff attorneys in Texas UNDER 40 years old. He likes weightlifting, reading comicbooks, and being silly with his kids in his spare time.
September 13, 2023
Joseph K.
I am a business, transactions, and estate attorney working out of central Texas.
October 1, 2023
Lynette P.
I am licensed in both Texas and Arkansas but actively working in Arkansas. My primary focus is criminal defense, family law, and estate planning (wills and trusts).
October 2, 2023
Matthew W.
I represent startups, investment firms, and individuals frequently with equity and debt financing, M&A transactions, and commercial contracts.
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Browse Lawyers NowEstate Planning Legal Questions and Answers
Estate Planning
Power of Attorney
Texas
Power of Attorney
Revoking power attorney
T. Phillip B.
Typically anything written which indicates you are revoking it should be sufficient. It should be delivered to your agent. I would also deliver it to any banks or other places where your agent may use the POA.
Estate Planning
Fee Agreement
California
Do I need to provide my personal and assets info to an estate planning attorney before signing a fee agreement so they can begin prepping a living trust
Looking for an estate planning attorney to prep a living trust and all other necessary docs
Jane C.
No. You do not need to provide any information until you agree to work with the attorney.
Estate Planning
Life Insurance Trust
Kentucky
If a life insurance policy owner dies and the insured is still alive and it is a life insurance policy with cash value that the policy owner had taken out a loan against with the policy so withdrew some of the cash value and were not legally liable to pay that debt to the policy back, does the executor have to pay that debt to the cash value off?
My mom had a life insurance policy on my younger adult sister. My mom was the policy owner and my adult sister is the insured. My mom passed in 2022. The life insurance policy she had on my sister had cash value on it and my mom had taken some of that out when she built her house about 20 years ago. As the executor, am I required to pay that back, since my mom wasn't actually required to put the money back in the cash value if she didn't want to? Is it considered a debt that I need to pay out of the estate? The estate has the funds to pay it but I wasn't sure if it was required to pay.
Randy M.
When a policy owner takes out a loan against a life insurance policy’s cash value, that loan is secured entirely by the policy itself. It’s not a personal liability of the policy owner, and it doesn’t become a debt of the estate. The insurer tracks the outstanding balance and deducts it from the policy’s value. In your situation, your mother was the owner of a policy insuring your sister’s life. She borrowed against its cash value years ago. Because she wasn’t legally required to repay the loan during her lifetime, the obligation doesn’t shift to her estate. As executor, you don’t treat that loan as a claim against estate assets. The only impact is on the policy itself: the loan plus interest reduces the cash value if surrendered, or the death benefit if your sister eventually dies while the policy is still in force. What Happens After the Owner Dies Since your mother has passed and the insured (your sister) is still alive, the policy itself becomes part of the estate unless a contingent owner was named. That means you may have temporary control as executor. At this point you have several options: 1. Maintain the policy by continuing premiums if required. The loan remains in place and will keep accruing interest, which reduces the policy’s value. 2. Transfer ownership to your sister or another beneficiary under the will or intestacy laws. The new owner takes the policy subject to the outstanding loan. 3. Surrender the policy for its remaining net cash value, which will already reflect a reduction for the loan balance. 4. Allow the policy to lapse by discontinuing premium payments, though that wastes any remaining value. The right choice depends on the estate’s circumstances, your sister’s wishes, and whether preserving coverage has practical value. Executor’s Responsibilities Your duty as executor is to collect estate assets, pay valid debts and expenses, and distribute the remainder under the will or state law. Since policy loans are not debts of the estate, you don’t repay them out of general funds. The insurance company enforces repayment internally by adjusting the policy value. The only estate-level question is whether to hold, transfer, or surrender the policy itself. Review the Policy Contract You should review the actual policy contract to confirm ownership and rights after your mother’s death, as terms can vary. If the estate inherited the policy, the insurer will require documentation before you can act. For guidance on transferring ownership and managing the policy, it’s best to consult an estate attorney in your jurisdiction. Contracts Counsel can connect you with experienced estate attorneys who can assist with this process.
Estate Planning
Durable Power of Attorney for Finances
Kentucky
Who do I get for power of attorney
I need questions answered my husband just passed so do I need to get a power of attorney while I m at my right mind
Randy M.
A power of attorney (POA) is only effective while the person who created it (the “principal”) is alive. Once the principal dies, the POA automatically ends. That means you cannot use your husband’s POA now that he has passed, and any authority you may have had under a POA he gave you is no longer valid. The law is uniform on this point across all U.S. states. After death, the legal authority to handle someone’s affairs shifts to the executor named in their will or, if no will exists, to an administrator appointed by the probate court. As the surviving spouse, you typically have priority to be appointed as administrator if your husband left no will. This is the process by which debts, taxes, and distributions of property are handled. Why You Should Still Consider a Power of Attorney Although you don’t need a POA for your husband, you may want to create one for yourself while you’re mentally capable. This is an important part of estate planning and ensures that if you ever become incapacitated, someone you trust can step in seamlessly. There are two key types of POA most people establish: 1. Durable Financial Power of Attorney: Authorizes your agent (sometimes called attorney-in-fact) to manage financial matters—paying bills, handling banking, managing property—if you can’t. It’s “durable” because it remains valid even if you lose capacity. 2. Healthcare Power of Attorney (or Healthcare Proxy): Authorizes your agent to make medical decisions if you’re unable to speak for yourself. Most people also prepare a living will/advance directive alongside a healthcare POA. This document sets out your specific wishes for end-of-life treatment so your agent isn’t left guessing. Choosing the Right Agent The choice of agent is vital. This person will hold significant authority, and you should only appoint someone you trust completely. Common choices include an adult child, a close family member, or a trusted friend. In more complex cases, some people name a professional fiduciary or financial institution. When deciding, weigh these factors: • Trustworthiness and integrity: They’ll be in a position to make decisions that directly affect your finances or health. • Financial responsibility: Especially relevant if they’ll be handling your money. • Willingness and availability: Make sure the person accepts the responsibility in advance. • Location: It’s not a strict requirement, but someone nearby can often act more quickly when urgent matters arise. It’s also wise to name a successor agent in case your first choice is unable or unwilling to serve. Immediate Steps After Losing a Spouse Separate from your own planning, you’ll likely need to address your husband’s estate. If he had a will, the executor named there should take the lead. If there’s no will, you can apply to probate court to be appointed administrator. Alongside that, you may need to update your own estate planning documents, review and change beneficiary designations, and notify Social Security, banks, and insurance companies. An estate attorney can guide you through both the probate process and setting up your own documents. The attorneys here on Contracts Counsel would be happy to assist you.
Estate Planning
Living Trust
Illinois
Need Will or Trust
Married must include both have children from previous marriage.
T. Phillip B.
Hi. I'm not sure I understand your question. Everyone should have a will regardless of whether you have a trust. The question is whether you need a trust. A lot of that has to do with avoiding probate or some other potential uses depending on the goals and needs. But a typical family would use a trust to better organize everything and control distribution while avoiding going through the court process called probate.
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