Helping people preserve their wealth and legacies

Estate Planning and Probate

Jose J. Valcarce

Jose J. Valcarce is an experienced attorney, managing his own law office primarily focused on handling estate planning, probate, and elder law matters. He was formerly a Senior Tax Attorney for Shell Oil Company for 24 years. He is the author of several articles including, To Roll or Not to Roll: An Analysis of Factors to Consider in Deciding Whether to Retain Retirement Assets in an Employer’s Qualified Plan or Whether to Roll Them to an IRA, published in the Houston Business and Tax Law Journal, Volume 7, Part 2, Spring 2007.

Jose earned a bachelor’s degree in Political Science at UC Riverside in 1990. He received his JD from UCLA School of Law in 1993, and subsequently received a LLM in Taxation from the University of Houston Law Center in 2001.

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Practice Areas

Estate Planning

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Probate

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Estate Planning

Although Estate Planning is commonly viewed as the act of planning for how you want to transfer your assets upon your death (typically by using a Last Will and Testament), the concept of Estate Planning is much broader and more comprehensive. Estate Planning may also include deciding in advance whom should handle your medical and financial affairs if you are unable to do so as a result of a disability during your lifetime. It may also involve asset protection strategies, business succession planning, charitable gifting strategies, and planning for mitigation of potential tax implications.

These may include items such as the following:

Last Will and Testament;
Trust Agreements (including Special Needs Trusts);
Powers of Attorney (Financial and/or Medical);
Advance Directives;
Special Deeds (such as the Transfer on Death Deed);
Tax Planning Strategies.

Probate

In Texas, probate is generally the process of legally recognizing the death of a loved one and proving up his or her Last Will and Testament if there is one. It also involves administration of the estate which includes the payment of the deceased person’s debts and the distribution of his or her assets that are subject to the probate process. I understand the difficulty for families to understand and manage the situation. My goal is to help families understand the process, explain the different options that may be available to them, help them decide on the best solution based on the particular circumstances, and facilitate the proper administration of the estate in a cost-efficient manner.

These may include the following:

Declaration of Heirship Proceeding;
Independent Administration of an Estate;
Dependent Administration of an Estate;
Texas Small Estate Affidavit.

Testimonials

“I am so grateful to have Mr. Jose as my estate planning lawyer. He created a special needs trust for my disabled child. Mr. Jose was patient, compassionate, and understanding throughout the entire process. He took the time to explain everything to me in detail and answered all my questions with care and attention.”

Sherri T.

“I have peace of mind that I found Mr. Valcarce. I now have a plan in place that will ensure my disabled child is taken care of for years to come. I highly recommend Mr. Valcarce to anyone who needs help with estate planning or a special needs trust."

Ann P.

“Thanks to Mr. Valcarce. He helped my elderly mom establish a comprehensive plan to ensure that her wishes will be respected, and her health care needs will be met. My mom was very impressed by how thorough he was in his approach, and how he made sure that every detail was taken care of. He was very patient with my mom.”