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Irving Law - The Law Offices of

Debbie J. Cunningham

An Irving lawyer providing wills, trusts, and probate in the greater Dallas Texas area.
Legal help, mediation, estate planning, bankruptcy, power of attorney, living wills, local to Irving and DFW.  Will, probate, trusts, probate, estate planning in the Irving TX area.   Able to help with probate and trusts - also wills!


  Areas of practice

To set up an appointment today contact me by e-mail, phone or fax.

Estate planning

Proper estate planning allows you to provide for and protect your loved ones if you become incapacitated or after your death. A properly drafted plan ensures your assets are preserved for your beneficiary, your children are cared for by the person you choose and your estate is distributed according to your plan not the states plan. It also allows you to communicate your wishes to friends and family should you become incapacitated.

I want to help you provide that secure future for yourself and your loved ones in case you find yourself unable to do so. Although no one likes to prepare for their death or disability it is my goal to make this as quick and painless a process as possible. Furthermore, your family will be grateful that you took the time to plan for the uncertain future because proper estate planning protects the loved ones you leave behind.

There are many estate planning tools available to meet the unique needs of each client. A few include wills, trusts and gifting programs. Plans can be quite simple or very complex and I work with each client to identify the plan that best suits their estate, family situation and desires. Helping you achieve your goals is my only objective. A complete estate plan will include at least a will, medical power of attorney, general power of attorney and a directive to physician (living will).

Wills

A will provides instruction on how to distribute your assets upon your death. It requires an appointment of an executor to ensure your property is handled as you wish. Wills can be as simple or detailed as desired. If there are minor children a will designates who should care for your children after your death.

Failure to have a valid Texas will places the future of your assets, who will raise your children, and every decision regarding your estate into the hands of the court. This results in a costly process that may deplete all of your assets. More importantly the court will not have any way to carry out your wishes but will be bound by the guidelines of the state.

Medical Power of Attorney

A medical power of attorney allows you to designate a person to make medical decisions for you if you become incapacitated.

General Power of Attorney

A general power of attorney allows you to designate a person to handle your financial affairs if you become incapacitated. The power of attorney can be limited to a specific act or acts or encompass any activity related to your financial affairs.

Directive to Physician (Living Will)

The purpose of a directive to physician is to put in writing your end of life choices. A person is designated to make decisions consistent with this document. A directive to physician differs from a medical power of attorney in only one regard, it is only effective if you have a terminal or irreversible condition.

Trusts

Trusts can be used to achieve a number of goals. They can be used to establish funds for the future care of a disabled child or the education of a child or grandchild. Trusts can be used to support your favorite charity or assist with Medicaid eligibility. I will help you determine if a trust is the right choice for your financial or estate planning goals.

I can assist you in determining your need for and set up of the following trusts:

    Special needs trust

    Irrevocable trust

    Revocable trust

    Testamentary trust

    Charitable trust

    Education trust

    Pet trust

Probate

Probate is the court procedure where a will is submitted to prepare an estate for transfer to the beneficiaries. In many cases this can be handled with one court appearance.

However, even if a person dies without a will in many cases their estate must go through probate as well. This is necessary because certain types of property must go through a legal process for ownership to change. The size and nature of the estate will determine what type of proceeding is necessary. I will work with you to determine the easiest most cost effective way to resolve the estate. In many cases this will be a determination of heirship proceeding or muniment of title proceeding. These proceedings are designed for small estates with minimal assets.

Guardianship

Guardianship is a court process whereby the court appoints someone who has legal responsibility over the care and management of a person, or the estate of an individual who cannot act for himself.  Guardianship allows you to protect your loved one by ensuring they have food, clothing and shelter. It also allows you to protect the assets of your loved one.  However, guardianship is usually the choice of last resort because it can be a time consuming and costly process. I will discuss your situation with you and search for any less restrictive or less costly alternative than guardianship. Then I will guide you through the appropriate legal processes for your situation.

One avenue to avoid guardianship proceedings is preventative estate planning. You may be able to eliminate the need for a guardianship by planning for a future where you are unable to make decisions for yourself.

Business Planning and Business Law

There are many choices facing any new business at start up. I can assist you in determining which business entity is most suitable to your needs. Once the selection is made I can file the appropriate documents and draft your managing documents. If you have already formed your business entity, I can help with any managing documents that need to be completed or updated.

Once your business is underway, I can help with your day to day legal needs. These services are offered on an as needed basis or as part of the in house counsel services. I perform a variety of functions including drafting and reviewing documents such as contracts or leases, confidentiality agreements, employment contracts and buy-sell agreements. I can help with debt collection, review of any document that has legal significance or just answer a question.

The “in-house counsel” service provides the small business owner with a lawyer on retainer who is familiar with their business and a phone call away. I work with the business owner to prevent and solve legal issues. I am the phone call when there is a legal need.

Mediation

 

Mediation is the process where a neutral third party, the mediator, helps disputing parties negotiate a settlement to their dispute. During mediation each party retains the freedom to accept or reject any offers made by the other party. Furthermore the parties are not bound by any recommendation of the mediator. The advantage to this procedure is each party retains control of the outcome. Once litigation has commenced mediation is often the last opportunity you will have to work out a solution before surrendering the decision to the court.

 

Mediation frequently occurs once litigation has commenced. Most courts require the parties attempt mediation to resolve their dispute. However, mediation can be used before litigation commences to solve a dispute. If mediation is unsuccessful you would still be free to pursue litigation of your dispute
 

I work with attorneys and individuals to resolve both family and civil disputes.

 

 

 
Copyright 2009,  Debbie J. Cunningham. All rights reserved

Disclaimer: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Debbie J Cunningham practices law only in the jurisdictions where she is authorized to do so and is not seeking to represent anyone in any jurisdiction where she is not properly authorized.