281-771-0560Will Attorneys in Pearland, TX
Helping Families Pass On Their Wealth in Pearland
When you work hard your entire life, you do so to care for your family while you’re alive and after you pass away. You intend for your wealth to be passed to future generations and benefit your family members, not the government.
Did you know over 60% of Americans die without a will, leaving the probate court to determine their final wishes and pass their assets to relatives, even if the decedent didn’t want anything to go to that person? This can be avoided with proper planning!
Find out how we help our clients create their wills, shorten the probate process, and keep their wealth in the family. The first step is contacting us at (281) 214-6541 to speak with a member of our team.
What is a Will?
Your will is like a guide your loved ones can use to ensure your final wishes are being honored. It outlines who you want your assets to go to after you die and instructs how you would like your minor children cared for. A legally valid will must meet certain parameters.
You must be at least 18 years old when drafting your will, and you must be of sound mind. While Texas does honor oral and handwritten wills, your will should be typed and signed to prevent misinterpretations and legal disputes. You should have two non-beneficiary witnesses who are at least 14 years old present when you sign.
You must outline your beneficiaries clearly and what they are to inherit. Your will must name an executor, the person who will be in charge of the administration of your will, including paying the estate’s debts.
For a will to be legally sound in Texas, it must, at a minimum, meet the following criteria:
Legal Age and Capacity
The testator (creator) of the will must be at least 18 years of age and of sound mind when creating a will.
In Writing and Signed
The will must be written and signed by the testator. While handwritten and oral wills may be valid in Texas, they risk being misinterpreted and may lead to probate disputes.
Witnessed
The signing of a will requires at least two witnesses who are at least 14 years old. They cannot be beneficiaries of the will.
Clear Beneficiary Designation
The will should clearly state the estate’s heirs to prevent probate issues.
Executor Appointment
It is not required, but it is best to name an executor who will manage the probate administration of the will, pay the estate’s debts, and distribute the remaining assets to the beneficiaries.
Probate without a will is trickier, especially for family members who might be entitled to real estate property or other assets. Without a will and an executor, the court has no clear way to distribute these assets and will follow Texas intestacy laws, which favor close relatives, such as your surviving spouse and children, then parents, and may eventually land on a distant relative.
If the decedent dies without a will, all is not lost. Our Houston probate lawyers might have a solution that can help. You can file an affidavit of heirship if you are the legal heir to the decedent, and the court will decide through a review and approval process if you have legal rights to your loved one’s assets.
Talk with our probate lawyers about wills, estate plans, or an affidavit of heirship today: (281) 214-6541.
Do You Need an Estate Planning Attorney?
Creating a comprehensive estate plan can benefit your loved ones in many ways. It allows them to honor your final wishes and lessens the burden placed on them after you die. Drafting your will is only the first step in comprehensive estate planning.
Using estate planning tools like trusts, you will be able to limit the impact of probate on your family and even secure their privacy. You can also use trusts to lessen the estate taxes owed on your estate and as a form of asset protection. If you have a disabled loved one who relies on public benefits, you can plan their inheritance in a way that doesn’t affect their eligibility.
Does that sound like something you want to gamble on?
When you work with an experienced attorney, you can rest assured that all of your planning is legally sound and your assets will go where you want them to.
Contact The Hatchett Law Firm at (281) 214-6541 to speak with one of our Pearland estate planning attorneys. Speaking with a member of our team is the first step toward protecting your legacy.