Probate, Estate Administration, Estate Planning
Asset Protection, Wills & Trusts


Probate, Estate Administration, Estate Planning
Asset Protection, Wills & Trusts

Serving Clients Throughout Texas

The Borger Law Firm offers Probate and Estate Planning services to clients throughout Texas.

Probate and Estate Administration

The Borger Law Firm will discuss with you all legal remedies available for the proper, efficient and effective administration of your probate matter.

Our firm has significant experience resolving all types of estate issues, including the probate of wills, the administration of estates without wills, the collection and distribution of non-probate assets, the resolution of complicated estates issues, including estates involving multiple marriages and divorce, paternity issues, improperly executed wills, uncooperative family members, complicated genealogy, neglected estates and creditor issues.

Estate Planning

The goal of estate planning is to ensure an orderly disposition of your property at your death or incapacity. Estate planning is intended to preserve property, maximize distributions to beneficiaries, avoid unnecessary and costly probate procedures and ensure that your property is distributed according to your terms.

Almost everyone needs an estate plan, regardless of the size of the estate. The basic estate plan consists of a Last Will and Testament, a Living Will, a Medical Power of Attorney and a Financial Power of Attorney. This is the minimum that I would recommend for anyone regardless of age or net worth. These four documents will give your family the peace of mind and direction they need, if you should pass or become incapacitated. Within these documents we can also nominate guardians and trustees for your minor children or dependents. Incapacity planning is a very important part of Estate planning. Your Powers of Attorney would nominate someone of your choosing, who can make decisions for you, should you be unable to make them for yourself.

Wills & Trusts

Simple Wills, Complex Wills, Joint and Mutual Wills, Revocable Trusts, Irrevocable Trusts – at the Borger Law Firm we’ll work with you to consider all available options to meet your last wishes.

Everyone in Texas should have a Last Will and Testament. And the reason for this isn’t
necessarily for a distribution of property, although that is an important component. The most important functions of a Last Will and Testament are: 1.) to create an Independent Administration and 2.) to nominate an Executor to serve without bond. The independent administration is the preferred method of estate administration in Texas, as it is, by far, the least complicated and least expensive. A court-controlled “dependent” administration should be avoided whenever possible. The Borger Law Firm will draft for you a Last Will and Testament that avoids the Dependent Administration.

Revocable Living Trusts can be an important component of a probate avoidance plan. When used together with other non-probate strategies, the Revocable Living Trust will ensure that your Last Will and Testament never goes through probate. This type of planning now will help avoid stress and costly legal fees during a difficult time, when the focus should be on family. The Borger Law Firm can assist you with creating a comprehensive Revocable Trust plan that meets your needs.

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Asset Protection

Preemptive planning for asset protection is crucial in today's dynamic legal landscape. Whether you're in a highly litigious industry or seeking enhanced anonymity and asset protection, The Borger Law Firm PLLC offers expertise in implementing legal strategies. We believe in establishing protective measures long before issues arise. Call us now to initiate a discussion about securing your assets and ensuring peace of mind.

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Guardianship is the court-created relationship between an incapacitated individual, called a “Ward” and a court-approved Guardian. A Guardianship strips the Ward of very important rights, rights that most of us enjoy or even take for granted, rights that the proposed Ward may not be able to exercise due to age or incapacity. The Application for and imposition of a Guardianship is a deliberately difficult process that receives special scrutiny as it moves through the court. The court will even appoint an attorney to represent the proposed Ward, to ensure that the Guardianship is in the best interests of the proposed Ward.

David Borger possesses the required certification mandated by the state of Texas to handle your Guardianship case. The State of Texas recognized two types of Guardianship:
Guardianship of the Person and Guardianship of the Estate. Qualified attorneys are required to investigate all reasonable alternatives to guardianship before filing an application. David Borger can help you consider all your options for Guardianship in Texas.

Will Contests and Probate Disputes

The death of a loved should be a time of solemn reflection and a celebration of life, a time when family members can re-unite to share memories. Of course, we know this isn’t always the case. The death of a loved one can also dredge up unresolved conflict, sibling rivalry, decades-old grudges and petty, vindictive behavior.

David Borger has seen it all – forged wills, coercion of the elderly, fraudulent documents, phantom notaries, phony property transfer documents, and much more. It is said that probate brings up more negative emotions than even family law, and sadly, this is often the case. Much of this drama could be avoided with proper estate planning, but even with proper planning, ill-motivated individuals will still hide wills, forge wills, steal property or, and this occurs more often than you’d realize – raid the home of the deceased individual while everyone else is at the funeral.

These problems are complex and have to be resolved within the law. Don’t try to handle this yourself. If you suspect that a will offered for probate is invalid, or if you have some other probate dispute, give me call. Let’s discuss your options.