Last Will and Testament

If you’re on the fence about getting a will, that’s not uncommon. People think they don’t need a will because they’re too young for one; others think they’re too old. Many people believe they don’t own a lot of assets and have nothing to pass along through a will.

The fact is a will – formally known as a Last Will and Testament – is important for all of us regardless of age, race, marital or economic status. Everyone over the age of 18 in Texas should have a last will and testament, which is a binding legal document.

With a valid will you control the ultimate disposition of everything you own, which is probably more property than you recognize. Very few people own absolutely nothing. A lot of people overlook simple things that can be passed on to others, like a house, a car, furniture, heirlooms, and certain checking or savings accounts. These are all assets that create your estate and will need to be distributed after your death.

If you don’t have a valid Texas will in place at the time of your death, the State of Texas will distribute your property in compliance with intestate succession laws that may differ from your wishes. This will involve a court-administered probate procedure, which on average takes four to six months. Compare that to the 30 days or so it takes to probate a valid will and distribute a decedent’s estate.

By incorporating an executor designation in your will, you’re in control of appointing an individual you trust as “the personal representative” who will oversee your estate and manage the distribution of assets according to your specific directives.

A valuable benefit of a will is a parent’s ability to use the will to designate a person to act as the guardian for their young children. If something happens to you and your spouse, your will is one way to ensure your children are cared for and raised in the way you would raise them.

If you’ve made the decision to create a Texas will, make certain it’s valid…that it meets all the requirements of state law. An invalid will is like having no will at all.

Our attorneys will ensure your will contains must-have components to be enforceable in Texas, according to current law. That includes guiding you in properly executing and notarizing a will that will be recognized in Texas as valid.

As skilled estate planning lawyers, we’ll advise you on nuances you need to know before you make a will. Prior to drafting your will, we’ll go through a checklist to help you spot issues you may not have thought of – and to offer solutions you might not have considered.

We’ll guide you on things like:

• understanding the assets you shouldn’t include in your will, and how to distribute them without a will (in many cases, distributions that can be made at no cost);
• knowing the types of personal information and instructions you shouldn’t include in your will, and the importance of using specific terms in your will;
• contingency planning for scenarios where beneficiaries or executors predecease you, the testator;
• being informed about choices for revoking your will or merely amending it by codicil to reflect future changes in your personal circumstances, financial situations or the law;
• addressing the pros and cons of using a templated, online will or a DIY will.

But first and foremost, we’ll hear you out. Understanding your goals will shape our strategy for you. We’re here to discuss your options.