Elder Law Attorney in San Antonio
Four Decades of San Antonio Family Law, Now Including Elder Law
Elder law addresses the legal questions that arise as people age: how to plan for incapacity, protect assets, navigate long-term care decisions, and address estate matters according to your wishes. These issues don’t fit neatly into one practice area. They cross estate planning, family law, and care coordination. At Wilson Law, we’ve been handling exactly these overlapping legal needs for San Antonio families since 1983.
Adult children often reach out when a parent’s health or cognition begins to change, and they realize the right documents aren’t in place. Early action can expand the available legal options. The same holds for individuals who want to plan ahead before any crisis develops.
We offer free initial consultations for elder law matters in San Antonio. Call (210) 405-4919 or reach us through our online contact form to schedule yours.Why San Antonio Families Choose Wilson Law
Founded in 1983, Wilson Law has built its practice around a straightforward principle: treat each client’s legal needs as our own. That approach has driven referral-based growth for over four decades, and those referrals reflect what clients experience: attentive counsel, clear communication, and legal strategy built around their specific situation rather than a generic template.
Eric D. Wilson, Partner, earned his Doctor of Jurisprudence from South Texas College of Law in 2004 and his undergraduate degree from Baylor University. He is admitted to the Texas Bar and is a member of both the State Bar of Texas and the San Antonio Bar Association. Eric holds a Fellow designation from the Texas Bar College and is Lead Counsel Verified. Wilson Law carries Martindale-Hubbell Preeminent and Client Champion Gold ratings (2022) and an Avvo 10.0 Top Attorney rating.
Because our practice spans estate planning, family law, and elder law, overlapping issues don’t require a handoff to a different firm. Guardianship, estate documents, incapacity planning, and long-term care coordination are all handled by the same legal team that already knows your family.
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Can I remove an executor in Texas?
Yes, you can attempt to remove an executor in Texas for the following reasons:
- Flagrant misconduct
- Failing to perform the duties of the executor
- Conflict of interest
- Incapacity
To remove an executor, one must file a petition with the appropriate probate court and prove a good reason for the removal.
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What if the deceased person owns property in multiple states?Two probates may be required if the decedent lived in one state but left solely-owned real estate in another. This means the estate executor may have to open two probate proceedings in two states.
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Do I need an attorney for estate planning in Texas?You are not legally required to hire an attorney for estate planning in Texas. However, estate law is complicated and can have serious consequences if mismanaged.
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Can I probate an estate without a will in Texas?Yes. Texas has default inheritance rules for when a person dies “intestate” or without a will. If the decedent were married, the assets would be transferred to their spouse.
Elder Law Services We Handle in San Antonio
Elder law isn’t a single service. It’s a set of interconnected legal tools that work together. We assist San Antonio clients across the core areas that aging and care planning require.
Estate Planning for Older Adults
Wills, trusts, and beneficiary designations are the foundation. For older clients, these documents also need to account for potential incapacity and the possibility of long-term care. We review existing documents and identify gaps before they become problems for families.
Incapacity Planning
A durable power of attorney and a medical power of attorney are two documents that can help families avoid court involvement when a loved one can no longer make decisions independently. Without them, a court-supervised guardianship proceeding may be necessary. Advance directives address end-of-life medical preferences. We help clients put these foundational documents in place before they’re urgently needed.
Medicaid & Long-Term Care Planning
Paying for nursing home or assisted living care is among the most significant financial challenges aging families face. Medicaid planning involves navigating asset thresholds, spend-down rules, and the applicable lookback period under Texas law. Planning ahead can preserve more legal options than acting after a care crisis. Our long-term care planning services address this in greater detail.
Guardianship Proceedings
When someone can no longer manage their own affairs and the right legal documents aren’t in place, guardianship may be necessary. In Texas, these proceedings are governed by the Texas Estates Code and heard by the Bexar County Probate Courts. They require specific legal filings and ongoing court supervision. Our guardianship practice is an established part of the firm, with experience guiding San Antonio families through this process.
Special Needs Trusts
For families with a loved one who has a disability, a special needs trust allows assets to be held without disqualifying the beneficiary from needs-based government benefits. This tool frequently comes into play in elder law planning when cognitive decline or disability intersects with benefit eligibility.
Elder Financial Exploitation in Texas
Financial exploitation of elderly Texans is a serious and underreported problem. It includes misuse of assets, unauthorized property transfers, theft of benefits, and manipulation by family members or outside parties. The Texas Department of Family and Protective Services operates the Adult Protective Services program, which investigates allegations of exploitation, neglect, and abuse of elderly individuals and those with disabilities.
When a San Antonio family suspects exploitation of an aging loved one, legal counsel can help respond: pursuing recovery of misused assets, establishing legal authority through guardianship or a power of attorney, or coordinating with Adult Protective Services on an open investigation. Waiting can reduce the options available.