Why Prepare a Will with an Attorney?
Creating a will is the easiest way to save your loved ones from the hassle of an heirship proceeding if you pass away intestate (without a will). An heirship proceeding takes more time to complete than the process for probating a will, is more expensive, and does not give you the freedom to determine to whom your estate passes and in exactly what proportions. In Texas, the laws of intestacy are clearly defined such that your heirs, whether it be your spouse, children, children's descendants, parents, or siblings, receive a statutorily defined portion of the real property (house, land, and mineral rights) and personal property (cars, bank accounts, IRAs, and tangible items) belonging to your community estate and separate estate. If you wish to leave anything to someone who is not one of your immediate, surviving heirs or wish to define exactly how much or what percentage each heir will receive, it is crucial that you make a valid will that complies with current Texas law.
Finding an attorney that is familiar with and stays up to date on current Texas estates law is important to ensure that your will complies with Texas requirements to be valid when submitted to the court and will distribute your estate exactly as you intend. Many sites offer forms for creating your own Texas will that appear to be cheaper than hiring an attorney to draft your will, but these sites cannot provide you with legal advice nor guarantee the validity your will. The true cost often only becomes apparent once you have passed away, and your estate is not distributed as you intended, or your heirs must resort to the more onerous heirship proceeding because your will is invalid or did not address your entire estate.
At the Law Offices of Benjamin E. Golden, PLLC, we have drafted numerous wills for clients and stay up to date on current Texas laws that affect wills. We ensure that your will is drafted so that your exact intentions will be carried out with minimal hassle for your loved ones once you have passed away. Just one example is preparing the will in such a way that the witnesses who watch you sign the will do not have to be located and brought to court when probating your will. In addition, we can include testamentary trusts in your will if you are concerned about leaving lump sums to minor children or other individuals who need assistance with managing money.
In order to draft your will, some of the information that will be needed include: a list of your relatives; a list of your assets, items, and to whom each should go; and several individuals listed in order of preference to handle the court proceeding and the transfer of your estate assets.
We generally offer flat fees for simple wills based upon the complexity of your assets, items, and number of distributees and whether you desire to set up one or more testamentary trusts within the will.
Contact us now at (210) 802-9377 for a free consultation to discuss creating your will or click below for further information on related issues.