Below are questions many people have about wills in Texas. If you have any additional questions about Texas wills or need more information, please call me today at 682-234-2006 or email me to schedule your free initial consultation.
What is a will?
A will is a document indicating how you would like your property to be distributed after your death and who you would like to handle your estate distribution.
Can I write my own will or do I have to hire a will lawyer to draft one for me?
You don’t have to hire an attorney, you can write your own will.
Why do people hire estate planning attorneys to draft wills?
If you prepare your own will, it may or may not be found valid by the court. Even if it is found valid, the estate administration may end up being a long and expensive process because of the way the self-prepared will was written. A will drafted by an experienced estate planning lawyer like me includes certain language to make probate easier and the administration of the estate more efficient and cost effective (it may save your estate thousands of dollars in the process).
Do I have to leave my property to my children or my spouse?
No, you do not have to. The whole idea behind having a will is that you can leave your property to whoever you want. However, if you are thinking of disinheriting certain family members, I can help you put certain language in the will to hopefully avoid a will contest by the disinherited family members.
What happens to my property if I die without a will?
Texas has specific laws according to which your property will be distributed to your family members.
I am physically ill, but I do have the mental capacity to sign my will. How do I avoid any potential contests?
In such a case, I ask my clients questions in the presence of the witnesses in order to ensure that you understand what you are doing, you know what your assets are, you know who your family members are, and you know what you are leaving to them.
My husband and I would like to name a guardian for our minor children in our will. Can we do so?
No experienced estate planning attorney would draft one will for both of you. Instead, I draft two wills and offer a discount since the wills are quite similar. Yes, you can designate a guardian for your minor children in your will, or you can draft a separate document called Declaration of Appointment of Guardian for my Children in the Event of My Death/Incapacity.