Frequently Asked Questions
FAQs about working with us.
What are our office hours?
Monday - Friday
9am - 5 pm
Excluding holidays
Where do you go for your appointment?
On the south side of Katy Fwy, west of I-99 in an office building near Main Event.
Park in visitor parking on the third floor of the parking garage right across from the sliding glass door to the skybridge. Meet the receptionist on the third floor and she will let us know you are here.
Do we take walk-ins?
No, we are unable to meet with walk-ins. Please call our office at 832-557-4593 or contact us by email at info@lawortego.com to make an appointment.
What does the consultation process entail?
We charge a flat consultation fee to meet with potential clients to determine what services they need and whether we are a good fit for each other. All conversations with anyone at the firm are strictly confidential whether you decide to move forward or not. During the consultation, you will meet with the attorney who will discuss your matter, your options, and a general estimate of the fee. You will have a chance to ask questions. For most matters, the consultation fee is $100 for 30 minutes. For elder law and Medicaid matters, the consultation fee is $350 due to the complexity involved and the length of time required for the consultation.
Can we accommodate a conference call by phone or video conference call?
Yes, please make this request when scheduling your appointment.
How does one prepare for the consultation?
Be sure to tell the receptionist the topic that you want to discuss during the consultation. If the matter involves title or ownership of real estate, bring the deed or deeds with you to the meeting if possible. If you are meeting about probating a Will, be sure to bring the Will with you. If you are meeting about estate planning, spend some time before the meeting thinking about your goals for your estate planning and be ready to discuss any difficult issues or problems with the attorney. For Elder Law and Medicaid planning, we will ask you to complete and return a questionnaire in advance of the meeting. In all cases, bring your questions with you!
Estate Planning
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Estate planning is the process of organizing your assets, property, and financial affairs to ensure that they are distributed according to your wishes after your death. It also includes planning for incapacity, appointing guardians for minor children, and minimizing taxes. Everyone, regardless of wealth, can benefit from an estate plan to protect their family and assets.
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If you pass away without an estate plan, state law will determine how your assets are distributed, which may not align with your wishes. This process, called intestacy, can lead to disputes among family members, delays, and additional legal expenses. Additionally, a court will decide who takes care of your minor children if no guardian is appointed.
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A will is a legal document that outlines how your assets will be distributed after your death and can appoint guardians for minor children. A trust is a fiduciary arrangement where a trustee manages your assets for your beneficiaries, both during your life and after. Trusts can help avoid probate, provide privacy, and offer more control over when and how assets are distributed.
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Estate plans should be reviewed and updated after significant life events such as marriage, divorce, the birth of a child, or the death of a family member. It’s also a good idea to review your estate plan every 3-5 years to ensure it reflects current laws and your wishes.
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Yes. Proper estate planning can reduce or eliminate probate costs and reduce the amount of time it takes to transfer property to your loved ones. We have seen situations where we cannot even probate an estate where there is no Will because there is a lack of proper witnesses and the cost of probate can become prohibitive. Incapacity planning now can eliminate the need for a costly guardianship in the future.
Probate
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The length of time it will take to complete the probate process depends upon the type of probate
available to you and many other factors. The fastest probate cases are typically those in which
the decedent left a well written, self-proven Will and the Applicant is doing either a probate as
muniment of title or independent administration. In the best-case scenario, the probate process
will take 2-4 months. In cases where the person did not leave a Will and there is a dependent
administration and determination of heirship, the best case scenario is 6 months, but it often
takes longer.
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Yes. If you are doing an independent administration, dependent administration, determination of
heirship, or probate as muniment of title, you will need to go to court. Many of the courts (but not
all) offer Zoom hearings in certain cases. A probate court hearing is usually straightforward and
looks nothing like court hearings on TV. We prepare our clients ahead of time so they what to
expect.
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This is probably the most common question we get related to decedent’s estates. The answer to
this question depends on many factors. Your attorney needs to review the current title
ownership and consult with you to determine what type of probate (if any) is needed. The
outcome of the probate process or the alternative to probate involves transferring the ownership
from the deceased person to the heirs or beneficiaries of the person’s Will. The form that takes
depends on the specific situation.
Real Estate Transfers
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Many people think that the name of the owner in the appraisal district or property tax records is the owner of the real property. The record title owner may or may not correspond to the name of the owner in the appraisal district or property tax records. The record title owner is the last person to own the property as reflected in the Official Public Records of the county where the property is located. Once you verify the record title owner, additional research is needed if the owner is deceased.
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Description text goes hereThat depends on several factors. First, research to verify the record title owner and a review of the last deed in the chain of title is needed. Second, we will have to get more information about the facts and circumstances of your loved one’s estate, the existence of a Will, etc. We assist our clients with this analysis on a regular basis.
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No. We do not practice landlord tenant law.
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If you give your child all your property or sell it to them for less than fair market value, then this is considered a penalized transfer if it occurs in the five years before applying for Medicaid. This is not an asset preservation strategy when qualifying for Medicaid.
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No. Your home (equity up to a value of $713,000 in 2024) is a noncountable asset for Medicaid purposes. There are many other noncountable or excluded assets when it comes to qualifying for Medicaid. We help our clients determine how to qualify for Medicaid in a way that preserves assets for themselves and their families.
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A properly drafted and administered Qualified Income Trust (also called Miller Trust) can be used to allow a person to qualify for Medicaid when they are over the Medicaid income threshold.
Medicaid & Elder Law
How to get started.
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01
Complete Our Online Intake Form
Get started from the comfort of your home by filling out our easy-to-use online intake form. This helps us gather important details about your situation, so we can hit the ground running when we meet.
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Call Us Directly
Prefer to talk? We’re just a phone call or email away. Reach out to us with your questions or concerns, and one of our friendly team members will guide you through the next steps in protecting your assets and family.