Wills
Please print, fill out & bring to your 1st appointment.
A will is a legal document which may be accepted by a court with probate power and normally states how property is to be distributed after a person's death. If you own property or have minor children, you should have a will. There are several advantages to a will in Texas. You may name an executor of your will; you can state that your executor will serve "independently" so the court does not supervise the administration; you can name guardians to take care of minor children; and you can also create trusts for minor children. You can do all this and simplify the hearing by having a will drafted with a self-proving affidavit alleviating the need for witnesses to come to court at the time of the probate to prove up the contents of the will. Keep in mind, though, if you own a life insurance policy, retirement plan, Individual Retirement Account or annuity, these assets will pass to the beneficiaries you have designated regardless of whether you have a will.
Some statistics say that over 50% of Texans do not have a will. Creating a will is one of the most important things you should do. The creation of a simple will can save a lot of time and expense to friends and family after death. Accordingly, every Texan, regardless of age or location should consult with a Texas attorney to obtain a will.
What happens if you die without a legal will in Texas? A person that has not created a will prior to death is said to be intestate. In Texas, if a person dies without a will, the law disposes all of the property based upon Texas law and not based upon the wishes of the deceased person. Often the people who inherit your property under Texas law are different than the people you would name in your will. Dying without a will may trigger undesired results and unexpected costs and delays. Your estate will be responsible for the costs of searching for your heirs, and for the legal costs of an 'attorney ad litem' whom the court will appoint to represent unknown and missing heirs. Failure to leave a valid will that clearly sets forth your intentions can greatly increase the cost of probate and delay the division of property. It can tie up assets for a significant period of time.
What are the advantages of having a legal will in Texas? Having a will is all about having control of how your property and family are handled after your death. A will is a legal document that outlines the wishes of the person writing it with regards to distributing their property and who will raise their children after their death. Having a valid will helps eliminate the problems of dying without a will. The testator can name the recipients of their property and designate the individual that will manage their property and care for their minor children.
Do you have a Texas will? If not, you need to call Barry immediately. He can take care of all of your estate planning needs.