Estate Law
Affidavit of heirship.
Estate Planning, Wills, Trusts, and Probate in Brownsville
Good estate planning protects the people you care about, controls who makes decisions for you if you can’t, and avoids probate complications that delay and drain your estate. The Michael Gonzalez Law Firm provides comprehensive estate planning and probate services for individuals and families throughout the Rio Grande Valley.
Services We Provide
- Last Will and Testament preparation
- Revocable living trusts (including joint revocable trusts for married couples)
- Special needs trusts
- Lady Bird deeds and Transfer on Death deeds
- Powers of attorney (general, financial, and medical)
- Advance directives and HIPAA releases
- Probate administration (independent and dependent)
- Muniment of title proceedings
- Small estate affidavits
- Affidavits of heirship
- Texas Medicaid Estate Recovery Program (MERP) planning
Estate Planning for Mixed-Status Families
Brownsville sits in a community where many families include both U.S. citizens and individuals with various immigration statuses. Estate plans for these families require special care — tools like deportation trusts, Lady Bird deeds, and properly drafted powers of attorney can help protect property and ensure care for children if a parent is detained or removed. We have experience drafting estate plans tailored for mixed-status families.
Probate in Texas
When someone dies, their estate may need to be probated. Texas offers several probate alternatives depending on the situation:
- Independent administration — the most flexible and common form
- Muniment of title — used when there are no debts and clear title is needed for real property
- Small estate affidavit — for estates under $75,000 with no real property other than homestead
The right choice depends on what assets exist, whether there’s a will, and what disputes (if any) arise among heirs.
Frequently Asked Questions
Do I really need a will?
If you don’t have a will, Texas intestacy law decides who gets your property — and the result may not match your wishes, especially in blended families or when minor children are involved. A simple will is far less expensive than the probate complications that arise without one.
What’s a Lady Bird deed?
A Lady Bird deed (formally an enhanced life estate deed) lets you keep full control of real property during your life — sell it, mortgage it, or change your mind — while ensuring it passes automatically to a named beneficiary upon death without going through probate. Texas is one of only a handful of states that recognizes this deed.
Can Medicaid take my house?
Texas’s Medicaid Estate Recovery Program (MERP) can seek reimbursement from the estate of a deceased Medicaid recipient who received long-term care benefits. Specific planning — including how property is titled and certain exemptions — can reduce or eliminate exposure. The earlier this is addressed, the better.
What about my digital assets and online accounts?
Modern estate plans should address digital assets — social media accounts, cryptocurrency, online financial accounts, and password access. Texas’s Revised Uniform Fiduciary Access to Digital Assets Act provides a framework, but execution requires planning.
Free Consultation — Hablamos Español
Call (956) 572-6792 to schedule an estate planning consultation. Hablamos español. We’ll discuss your family situation, your assets, and what you want to happen — then recommend a plan that fits.
Recent Estate Planning Articles
The Top Benefits of Writing a Will in Texas
The benefits of writing a will in Texas are significant for protecting your family and assets. A will is a legal document that specifies how you want your property distributed upon your death. Here are the key advantages: Ensuring that your property is distributed...
Doctor’s Orders: A Guide to Medical Directives (Living Wills) in Texas
In Texas, a medical directive (also known as an advance directive or living will) is a legal document that allows you to specify your wishes for medical treatment in the event that you become incapacitated or otherwise unable to make these decisions yourself. A...
Power Up! A Guide to Financial and Medical Powers of Attorney in Texas
Understanding power of attorney in Texas is essential for protecting yourself and your family. A financial power of attorney and a medical power of attorney (also known as a healthcare power of attorney) are legal documents that allow you to appoint an individual...
The Bank on It: A Guide to Right of Survivorship Agreements (PODs) for Texas Bank Accounts
In Texas, a right of survivorship agreement (also known as a payable on death (POD) agreement) is a legal document that is used to specify how ownership of a bank account should be transferred upon the death of one of the account holders. A right of survivorship...
Breaking Free from Property Ownership: A Guide to Quitclaim Deeds (or Quick Claim Deeds) in Texas
In Texas, a quitclaim deed (also known as a quick claim deed) is a legal document that is used to transfer ownership of real property from one person (the grantor) to another person (the grantee). A quitclaim deed is called a "quitclaim" because the grantor is...
Special Deliveries: A Guide to Special Warranty Deeds in Texas (No Guarantees Included)
In Texas, a special warranty deed is a legal document that is used to transfer ownership of real property from one person (the grantor) to another person (the grantee). A special warranty deed includes two covenants, or promises, that are made by the grantor to the...
The Top Benefits of Writing a Will in Texas
The benefits of writing a will in Texas are significant for protecting your family and assets. A will is a legal document that specifies how you want your property distributed upon your death. Here are the key advantages: Ensuring that your property is distributed...
Doctor’s Orders: A Guide to Medical Directives (Living Wills) in Texas
In Texas, a medical directive (also known as an advance directive or living will) is a legal document that allows you to specify your wishes for medical treatment in the event that you become incapacitated or otherwise unable to make these decisions yourself. A...
Power Up! A Guide to Financial and Medical Powers of Attorney in Texas
Understanding power of attorney in Texas is essential for protecting yourself and your family. A financial power of attorney and a medical power of attorney (also known as a healthcare power of attorney) are legal documents that allow you to appoint an individual...
The Bank on It: A Guide to Right of Survivorship Agreements (PODs) for Texas Bank Accounts
In Texas, a right of survivorship agreement (also known as a payable on death (POD) agreement) is a legal document that is used to specify how ownership of a bank account should be transferred upon the death of one of the account holders. A right of survivorship...
Breaking Free from Property Ownership: A Guide to Quitclaim Deeds (or Quick Claim Deeds) in Texas
In Texas, a quitclaim deed (also known as a quick claim deed) is a legal document that is used to transfer ownership of real property from one person (the grantor) to another person (the grantee). A quitclaim deed is called a "quitclaim" because the grantor is...
Special Deliveries: A Guide to Special Warranty Deeds in Texas (No Guarantees Included)
In Texas, a special warranty deed is a legal document that is used to transfer ownership of real property from one person (the grantor) to another person (the grantee). A special warranty deed includes two covenants, or promises, that are made by the grantor to the...

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