Last Will and Testament Lawyer in Texas: Why You Need One

last will and testament lawyer in texas

When it comes to estate planning, a Last Will and Testament is one of the most crucial documents you can have. It provides clear instructions about how your assets should be distributed after your death, ensuring your loved ones are taken care of and your wishes are respected. A last will and testament lawyer in Texas can help you navigate the legal requirements and create a document tailored to your unique needs.

Do You Need a Will?

Yes, creating a Last Will and Testament is essential if you own property or have loved ones you want to protect. Without a will, state law determines how your assets are distributed, which may not align with your wishes.

Benefits of Having a Will

  • Avoid Court Delays: A will simplifies the legal process, reducing the time and cost associated with settling your estate.
  • Ensure Your Wishes Are Honored: Specify who inherits your property, preventing unintended distributions.

Appoint Guardians for Minor Children: Designate someone you trust to care for your children if something happens to you.

Do You Need a Will If You Are Married?

Many people assume their spouse will automatically inherit everything upon their death, but this isn’t always the case in Texas.

How Texas Community Property Laws Affect Inheritance

Texas is a community property state, which means property acquired during the marriage is generally shared equally between spouses. However, without a will, the distribution of assets can become complex, especially in blended families.

Example Problem:
If you have children from a previous marriage and die without a will:

  • Your spouse inherits one-third of your personal property and a life estate in your real estate. A life estate means the right to live on the property for the remainder of your life, but you do not own it.
  • Your children inherit the remaining two-thirds of your personal property and your share of community property.

This can create financial and emotional challenges for your surviving spouse.

What Happens If You Die Without a Will in Texas?

If you pass away without a will, the state’s intestacy laws (the legal default) will determine how your assets are distributed. This often leads to undesirable consequences, including:

  • Increased Costs: Intestate estates require additional court oversight, which can be costly.
  • Unintended Beneficiaries: Your assets may go to relatives you didn’t intend to inherit.
  • Family Disputes: Without clear instructions, disagreements among heirs can arise.
  • Minor Children Inheriting Directly: Children as young as 18 could receive significant inheritance with no safeguards. Children under the age of 18 would have their inheritance tied up in a costly and slow guardianship.

What Does a Will Do?

A Last Will and Testament specifies how your estate should be distributed after your death. A last will and testament lawyer in Texas can ensure your will is comprehensive and legally binding.

What a Texas Will Can Do

  • Specific Bequests: Leave individual items or assets to specific people.
  • Charitable Donations: Include gifts to your favorite charities.
  • Establish Trusts: Protect assets for minor children or loved ones with special needs.
  • Appoint Guardians: Designate caregivers for your minor children.
  • Discourage Challenges: Include clauses to reduce the likelihood of disputes over your will.

What a Texas Will Cannot Do

  • Control Non-Probate Assets: These include accounts with designated beneficiaries, such as life insurance policies, payable-on-death accounts, and jointly owned property.

What Is Probate? Should You Avoid It?

Probate is the legal process of validating a will and administering the estate. In Texas, probate is generally straightforward, especially if the will designates an independent executor.

Why Probate Isn’t Always a Burden in Texas

With an independent executor:

  • The process is typically quick and cost-effective.
  • The executor has broad authority to settle the estate without court supervision.

While some people use trusts to avoid probate, many find that a properly drafted will is sufficient to handle their estate efficiently.

Why Work with a Last Will and Testament Lawyer in Texas?

Drafting a will requires an understanding of Texas estate laws to ensure the document is valid and enforceable. A wills and trust lawyer near you can help you:

  • Customize your will to reflect your specific wishes.
  • Ensure compliance with Texas legal requirements.
  • Minimize the risk of disputes among heirs.
  • Integrate your will into a comprehensive estate plan.

FAQs About Last Will and Testament Lawyers in Texas

  1. What happens if I don’t have a will in Texas?
    Without a will, the state decides how your assets are distributed based on intestacy laws, which may not align with your preferences.
  2. Can I update my will after creating it?
    Yes, you can revise your will anytime. Regular updates are recommended to reflect life changes like marriage, divorce, or the birth of children.
  3. How much does it cost to create a will in Texas?
    The cost varies depending on the complexity of your estate. A wills and trusts lawyer near you can provide an estimate based on your specific needs.
  4. Is a handwritten will valid in Texas?
    Handwritten (holographic) wills are valid in Texas if entirely in the testator’s handwriting, but they can be more easily contested than lawyer-drafted wills.
  5. Can I name a guardian for my children in my will?
    Yes, you can designate a guardian to care for your minor children if you die in your will.

Contact a Last Will and Testament Lawyer in Texas

Securing your family’s future begins with creating a comprehensive Last Will and Testament. A last will and testament lawyer in Texas can guide you through the process, ensuring your wishes are respected and your loved ones are protected.

Don’t leave your estate to chance. Contact an experienced Texas wills and trusts lawyer near you today to start planning for tomorrow.

Conclusion

A Last Will and Testament is more than a legal document—it’s a way to provide for your family and ensure your legacy lives on. Working with a last will and testament lawyer in Texas ensures your will is legally sound and tailored to your unique needs.

Plan for peace of mind today. Protect your loved ones and make your wishes known with a professionally drafted will.

For additional estate planning information visit the estate planning home page.

Testimonial

"We appreciate the time Evan took to walk us through the nuances and precedents of certain cases. We now understand the legal mechanisms much more thoroughly and we highly recommend Evan to anyone seeking legal advice about employment law and estate planning."
- Annie L.

Jump to topic:

Follow us

    *Please do not include any confidential or sensitive information in this form. This form sends information by non-encrypted e-mail which is not secure. Submitting this form does not create an attorney-client relationship. Once I have read your submission, I may contact you for more information or to arrange for a consultation with you.

    Contact us to schedule a consultation

    Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land, Texas.
    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome you to submit your claim for review. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.