Houston Probate & Estate Planning Attorney

Serving your Estate Planning needs

Houston Attorney Jana Fay Bacarisse is a trusted legal advisor for numerous individuals, families and fiduciaries in estate planning, probate, guardianship, estate administration, and elder law.  


The Law Office of Jana Fay Bacarisse provides sophisticated estate planning guidance to help clients protect their assets and pass assets to beneficiaries in a tax efficient manner.  Ms. Bacarisse prepares last wills and testaments and other estate planning documents for individuals with any size estate.   


She brings a wealth of personal and professional experience to represent clients in probate and estate matters with empathy and a caring approach, offering creative solutions, while charging affordable legal fees.  The firm can assist clients in the preparation of a variety of estate planning matters. 


Estate Planning services offered by the firm 


*Wills - The firm prepares both simple and tax planned last will and testaments.  In your last will and testament, you may name an Executor to handle your estate affairs after you die.  It is also important to name Trustees in your last will and testament to manage testamentary trusts for your minor children or other beneficiaries.  

*Trusts - A testamentary trust is established within a will and places assets in a trust at the time of death.  

     A living revocable trust places assets in a trust during the lifetime of the creator of the trust.  A living revocable trust is beneficial if you own out of state property, to avoid the necessity of an ancillary probate in another state.  A living revocable trust may assist you in avoiding probate, however, a "pourover will" is suggested as an accompanying estate planning document with a liviing revocable trust.  Living revocable trusts are also management vehicles and beneficial to manage assets if you have disagreeable or fighting beneficiaries.

      If you have a family member with special needs, the firm may create a special needs trust, which may enable the beneficiary to receive additional assistance and still qualify for government benefits.  

      A Miller Trust receives a portion of your income to enable you to qualify for Medicaid benefits to pay for long term care.

*Durable Powers of Attorney - A statutory durable power of attorney names an agent to handle financial and business matters on your behalf.

*Medical Powers of Attorney - A medical power of attorney names an agent to make medical decisions on your behalf when and if you are unable to do so.  

*HIPAA Releases - The Health Insurance Portablility and Accountability Act of 1996 set out privacy rule standards for the use and disclosure of individual protected health information.  This release can release your family or chosen agents to have access to your medical records and health information. 

*Directives to Physicians - This statutory form will make your wishes known to your family and treating physician in the event you are in an irreversible or terminal medical condidition.  

*Designations of Guardian - This document enables you to name a guardian in advance of incapacity, if an appointment of guardian on your behalf becomes necessary in the event of later incapacity.  

*Appointment of guardian for minor children - This document appoints a guardian for minor children in the event parents die while they have minor children. This appointment can also be made in your last will and testament.

*Irrevocable Life Insurance Trusts (ILIT) - Creation of an ILIT is a common estate planning tool in which the trust is both the owner and beneficiary of life insurance proceeds in order to avoid having the death benefit subject to federal estate tax.  


Hospital and nursing home visits available


If you are a Senior Citizen or in poor health and unable to come to the office for an estate planning consultation, please let us know if you would like an attorney consultation at a nursing home or hospital.  We will try to accommodate your needs.  


Why is it important to have a Will or Trust and powers of attorney?


One of the most important things you can do for your family or loved ones is to have a Will or other estate planning.  If you pass away without a Will or estate planning in place, your estate will pass to your heirs as set out by Texas law.  Lack of preparation will cause your family additional expense and there may be an unintended result. It is also important to name a Trustee or Guardian to handle the affairs for your children or other family members, in the event you have an untimely death.


Everyone should have a medical power of attorney, durable power of attorney and HIPAA Release to name agents to handle their financial and medical affairs in the event of an emergency or future incapacity. Proper preparation can avoid future hassles in the event of an emergency and may avoid the necessity for a guardianship in the event of future incapacity. 



Jana Fay Bacarisse offers a complimentary initial consultation.  The firm offers estate planning and document preparation at a flat rate. Probate, guardianship and elder law matters are charged on an hourly basis.  There will be a charge for nursing home and hospital visits, depending on the circumstances. Each client is treated individually and a payment arrangement will be made with terms that work for the individual client. Every client signs a fee agreement so the terms are known when representation begins.  


Contact Jana Fay Bacarisse


To speak with a Houston Probate, estate planning and guardianship lawyer, contact Jana Fay Bacarisse today at 713-623-1029 or contact her by email