Last Will and Testament Lawyers in Katy

DRAFT AN ENFORCEABLE LAST WILL AND TESTAMENT WITH OUR TEXAS WILL ATTORNEYS

It may seem like it should be a relatively simple undertaking to write your Last Will and Testament, as you likely already have an idea of whom you want to leave your belongings after you pass. However, as the foundation of your estate plan, a Last Will and Testament should be drafted by an experienced lawyer. You should reconsider going the DIY route for writing your will, as wills not drafted by legal professionals are often invalid and impossible to enforce. 

• Estate planning is complex, and even though you can download forms off the internet, it’s easy to overlook certain details which could nullify the will you create. 
• Without an enforceable will, it is likely your beneficiaries could get into heated disputes after you pass away. 
• Without a valid will, your assets will be distributed according to state probate law, even if it goes against your previously stated wishes.

Contact our trusted last will lawyer in Katy at (832) 781-0320 to schedule a confidential consultation.

SET YOUR FINAL WISHES IN STONE WITH A LAST WILL AND TESTAMENT

When you schedule a consultation with our team at Hunt Law Firm, we listen to your wishes while helping you look through your options. We help our clients draft legal, valid wills customized to their goals, and we can help you revisit your will to update or modify it if your circumstances or wishes change over the years.

BENEFITS OF HAVING A LAST WILL AND TESTAMENT 

The benefits of having a Last Will and Testament are numerous. Many people feel a sense of peace after having written a will, knowing that their loved ones will be taken care of after they pass.

A valid will can do the following:

• Name your intended beneficiaries for your assets and property
• Name your preferred guardians for any minor children
• Create a testamentary trust for minor children or incapacitated beneficiaries 
• Name the executor and/or trustee of your will
• Provide instructions for how any outstanding taxes or debts should be paid

At Hunt Law Firm, we help our clients with important aspects of estate planning, and draft well-written, detailed wills that meet Texas requirements. We ensure your peace of mind by helping you draft an estate plan that is personalized for your needs.

UPDATING YOUR WILL AFTER DIVORCE IN TEXAS

After the divorce is finalized, it’s important that you update your will so your assets are not distributed to your ex-spouse. It’s important to know that after a divorce, a former spouse left in a will is automatically disinherited. However, a proactive approach to updating your will to reflect your current situation is best. Below are the steps you need to take in order to make sure your will reflects your current wishes after a divorce.

1. Revoking Your Will: The first step in updating your estate plan after a divorce is to revoke your old will and make a new one.
2. Updating Beneficiaries: Update your beneficiary designations for life insurance policies, retirement accounts, payable-on-death or transfer-on-death accounts like bank accounts, investment accounts, or brokerage accounts.

COMMON TERMS IN WILLS 

When preparing a Last Will and Testament, it’s helpful to understand some of the common terms you may encounter. 

• Beneficiary: A person or entity who receives property from a will or trust. This can be a person, organization, charity, trust, or institution
• Executor: A person named in a Will who carries out the wishes and instructions of a decedent.
• Devise or Bequest: A gift of property left in a will.
• Per Stirpes: A Latin term that describes the distribution of property to a decedent's beneficiaries and descendants
• Residue: Everything that is left in an estate after payment of funeral expenses, fees, taxes, debts, and distribution of specific bequests. The residue of an estate can include real property and/or personal property
• Specific Bequest: A gift that is specifically made in a will
• Testator: A person who makes a will
• Trust: A legal arrangement where assets are held and managed for the benefit of a beneficiary
• Trustee: A person or entity who is responsible for managing assets held by a trust as a fiduciary

WILL REQUIREMENTS 

Before drafting a will, you should consider that it is only enforceable when certain requirements are met. There are two types of recognized wills in Texas: formal and holographic. 

A formal will requires two individuals to witness the will.  A holographic will does not require witnesses, but it must be written wholly in a testator’s handwriting. 

For both formal and holographic wills, a testator must be over the age of 18 and of sound mind. Being of sound mind means the testator understands what property they own, recognizes that they are making a will, and understand that the will controls how their property will be distributed after their death. In addition, the testator must have the intent to create the will.

A formal will must:

1. Be in writing;
2. Be signed by the person making the will (the testator), or by someone else signing for them while the testator is present and directing them to sign; and 
3. Be signed by at least two credible witnesses who are at least 14 years old, and who watch the signing and then sign the will themselves in the testator’s presence.

A holographic will must:

1. Be written entirely in the handwriting of the testator. Any typed, printed, or text written by another person can invalidate a holographic will.  
2. Be signed by the person making the holographic will. 

An attorney should draft a formal will. While holographic wills are popular because you can DIY them, they are often attacked in ways that formal wills are not. 

When probating a holographic will, a witness is required to testify that they know and recognize the testator’s handwriting. If the holographic will is contested, a handwriting expert may need to be hired before the will can be probated. 

Although it seems easier to sign a will without witnesses, doing so means there is no one to confirm your mental state and circumstances when signing. If a disinherited heir were to challenge the holographic will, they could claim you lacked capacity or were subject to undue influence. There would subsequently be no witnesses to support the events that occurred. 

WHAT HAPPENS IF YOU DIE WITHOUT A WILL 

When a person dies without a will in Texas, they are considered to have died “intestate.” The word intestate means a person who has died without having made a will or not having made a will before one dies. 

For an intestate estate, Texas law determines what happens to an individual’s property. First, the probate property must be categorized as either community property or separate property. Since Texas is a community property estate, different rules apply to the different categorizations of property. 

Generally, a surviving spouse and individual’s children will usually inherit all probate assets. If there are no children or grandchildren, the property may pass to other family members depending on the situation. 

It’s important to know that probate assets are different than non-probate assets. Intestacy laws only apply to probate assets. Non-probate assets pass directly to named beneficiaries without court involvement. Examples of non-probate assets are a life insurance policy with a beneficiary designation, a bank account that is payable on death, or a piece of real property that has a Transfer on Death Deed.

PROBATE VS. NON-PROBATE PROPERTY 

When preparing a Last Will and Testament, it is important that you categorize your assets. Every asset you own will be considered either a probate asset or non-probate asset. 

1. Probate Asset 

A probate asset must go through the probate process to transfer when someone dies. Examples of probate assets include: 

• A piece of real property
• A bank account with no payable-on-death (POD) beneficiary 
• Personal property such as jewelry, clothing and furniture 
• A motor vehicle 
• Assets that do not have beneficiary designations, payable-on-death (POD) or transfer-on-death (TOD) designations

1. Non-Probate Asset

A non-probate asset automatically transfers to a designated individual outside the probate process. Examples of non-probate assets include: 

• Life insurance policies with a named beneficiary
• Retirement accounts with a designated beneficiary
• A piece of real property with a Transfer on Death Deed 
• Jointly owned financial accounts with a right of survivorship
• Accounts with payable-on-death (POD) or transfer-on-death (TOD) designations

In short, probate assets pass through the court process, while non-probate assets transfer directly to beneficiaries outside of probate. When preparing a Last Will and Testament, it is important to review how your assets are titled and whether beneficiary designations are up to date. 

Without careful planning, your estate plan may not work as intended. Proper planning ensures that both your probate and non-probate assets are distributed according to your wishes to minimize delays and disputes after your death.

HOW DO I REVOKE MY WILL? 

Sometimes your wishes may change. If you are of sound mind, you can revoke your Last Will and Testament as long as you have the intent to revoke it. That means the action must be intentional and not accidental. 

There are two primary ways to revoke a will: 

1. Create a New Will – Drafting a new will that revokes all prior wills is the cleanest and most effective way to revoke your will. 
2. Will Destruction – The testator (or someone at the testator’s direction) can burn, shred, tear, or destroy the original will. However, it’s important that all copies are also destroyed to avoid any confusion. 

Proper revocation is very important because it can affect how your estate is distributed. To ensure your wishes are honored, it’s important that the processes is done correctly to avoid unintended consequences. 

WHAT IS A WILL CONTEST? 

A will contest is the process of challenging the validity of a will. In order to challenge a will, it must be done through the probate court. Any interested party can contest the validity of the will before or after the will has been admitted to probate. When a will has been admitted into probate, it may typically be contested within two years. 

For an interested party to contest the will, there must be a valid reason. A beneficiary can’t simply be unhappy with their share (or lack thereof) of the estate. There are several reasons an interested party may contest a will: 

1. Undue Influence – The will was written when the testator was being manipulated, coerced, or pressured.  
2. Lack of Capacity – The testator was not of sound mind when they signed the will or the testator did not understand how their estate would be divided. 
3. Fraud – The testator relied on false information when signing their will or they were tricked into signing.  
4. Forgery – The will was not truly signed by the testator. 
5. Lack of Statutory Requirements – The will was not properly drafted or executed. 

DISCUSS THE FUTURE OF YOUR ESTATE WITH OUR KATY WILL ATTORNEYS - CALL (832) 900-3163 TODAY!

Protect your wishes with the help of our estate planning services. There’s no time like the present to secure the future of your family, and with our Last Will and Testament lawyers, you’re well on your way to ensuring your interests will be protected regarding the distribution of your assets.

Call (832) 781-0320 or contact us online today to schedule a consultation with our last will attorney in Katy and start drafting your will.