Why are Wills Important in the State of Texas?

Wills in Texas are especially vital to ensure the protection of your estate and family. Unfortunately, many people don’t truly understand the significance of having this important document. Clients young and old tend to shy away from creating a will. This is largely believed to be due to the fact that many people are uncomfortable discussing our demise. However, life and death are both unpredictable and the best thing you can do for your loved ones is to be prepared.

At the Law Offices of Brian Hill we do everything we can to make this process as easy as possible for you and your loved ones. After all, the last thing anyone needs after suffering a horrible loss is to have to figure out what to do with your estate. By taking care of this ahead of time, you’re easing the burden on your family.

Consequences of Not Having Wills in Texas

The consequences of not having wills in Texas are severe. A will illustrates your decisions regarding the distribution of your estate. Without a will, the distribution of your estate is decided entirely by state law. Your choices are not taken into consideration. Texas state law distributes your assets without regard to special or specific situations. The absence of wills in Texas deems your estate as an “interstate” estate. Your wishes will not be enforced without a legal will. This can result in conflict between surviving family members.

If you have specific wishes you would like fulfilled after your death then it is imperative you have a will. Advising family members orally, even in front of a witness, is not enough to ensure the desired distribution of your assets. Texas Probate Code has several rules and procedures that have to be obeyed in the event of an interstate situation. This process is complex and expensive, especially if there’s a battle between your beneficiaries. These battles are costly and can drag out for prolonged periods of time. Assets are quickly devoured by the cost of a lengthy court conflict.

Some people use the excuse that they don’t have the money for a legal will. The truth is, you don’t have the money to not create one. The cost to draft a will depends on the size of your estate. However, most estates are not elaborate or complicated. Furthermore, the disposition of an estate without a proper will costs far more in attorney fees than the cost to draft a will.

Do It Yourself Wills in Texas

Some people choose to draft their own wills in Texas. However, this is not recommended. The law in Texas requires that each will follow the very specific provisions of the Texas Probate Code. If they don’t, the will is not valid nor enforceable. Just missing one of the requirements could invalidate the entirety of your will. Creating a will is one of the most important things you can do for your estate and loved ones. Drafting your own will is a gamble for your estate and those named in your will.

The best thing you can do is hire an attorney to ensure the will is drafted correctly. Don’t place your estate or your loved ones futures in the hands of online websites that may or may not provide the correct information. Finding a local lawyer who is familiar with the Texas Probate Code is your best bet at ensuring your wishes are fulfilled.

A lawyer will help you draft a will that is as specific as you would like. You can detail who gets which asset from your estate and the amount. This is especially handy if you have one child that acts as your caregiver and you feel deserves more of the estate. Another benefit to being this specific in your will is the ability to place conditions on receiving the assets. Many people do this for young children or children they believe may not handle their assets properly.

It’s true that some assets are able to be distributed without a will. However, this process is very confusing. If you are insistent on going this route, it’s extremely important you seek legal advice before making your decision. Before deciding on something so important, you want to be sure that you understand every aspect of your choice.

Contacting the Law Offices of Brian Hill

The most important thing is to educate yourself before making any decision. The best way to learn all the angles around your decision is to speak with an expert in the field. At the Law Offices of Brian Hill we’re more than happy to discuss options around drafting a will. Please, call our offices if you have any questions or concerns about how your estate will be handled. Don’t put off this important conversation any longer. The future of your estate depends on it.

Call the Law Offices of Brian Hill today at (972) 474-0104 for more information on drafting wills in Texas.