Wills | Trusts | Estate Planning | Probate | Guardianship
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Wills Attorney Serving Dallas, TX
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When thinking about the future, many people worry about what will happen to their assets and loved ones after they’re gone. Crafting a will can provide clarity and peace of mind, ensuring that your wishes are carried out and your family is cared for. Whether you’re just starting this process or you need guidance on updating an existing will, our experienced attorneys have been serving the community of Dallas to navigate these legal complexities and ensure your will is set up correctly.
“Estate planning isn’t just for the wealthy, it’s for everyone, everyone who wants to protect their family and prepare for the future".”
When Should I Write My Will?
Writing a will is an essential step in ensuring that your assets are distributed according to your wishes and that your loved ones are taken care of. It’s advisable to create a will as soon as you reach certain milestones or experience significant life changes. Doing so not only provides clarity and peace of mind, but also helps avoid potential conflicts and complications in the future.
Consider writing or updating your will in the following situations:
● Major Life Events: When you get married, have children, or experience other significant life changes, such as divorce or the death of a loved one.
● Financial Changes: When you acquire new assets, such as purchasing a home, inheriting money, or starting a business.
● Health Concerns: If you face a serious health issue or anticipate changes in your health that might affect your decision-making capabilities.
● Changes in Relationships: When your relationships with beneficiaries change, or if you want to include new individuals or organizations in your will.
● Legal and Financial Updates: When there are changes in laws or regulations that might affect your estate planning or financial situation.
What Are The Requirements For Creating A Valid Will In Texas?
To ensure your will is valid in the state of Texas, it must meet specific legal requirements. These requirements are designed to uphold the integrity of your intentions and ensure that your will is enforceable.
In Texas, a valid will must:
● Be in Writing: The will must be a written document. While handwritten or “holographic” wills are acceptable, a typed will is generally preferred for clarity and to minimize potential disputes.
● Be Signed by You: The will must be signed by you, or by someone else at your direction and in your presence.
● Have Witnesses: The will must be signed by at least two competent witnesses who are not beneficiaries.
● Be of Legal Age and Capacity: You must be at least 18 years old and mentally competent to create a will.
● Include a Self-Proving Affidavit (Optional but Recommended): A self-proving affidavit is a sworn statement by you and your witnesses affirming the validity of your will.
Creating a will is a vital step in ensuring that your wishes are honored and that your loved ones are cared for according to your desires. By adhering to the legal requirements and following a structured approach, you can craft a will that provides clarity and direction for the future. If you need assistance navigating the complexities of will creation or ensuring that your will meets all legal standards, consider consulting with our team. Our skilled will attorneys are dedicated to providing you with expert guidance while helping you create a will that meets your needs and complies with Texas law.
For personalized advice and assistance in drafting a legally sound will, reach out to our team today. Ensure your estate planning is in expert hands to secure peace of mind for you and your family.
Areas of Practice
Probate refers to the legal process of administering a deceased person's estate. The court reviews the will to determine if it is valid and provides a final ruling on the division and distribution of assets to heirs and beneficiaries based on the will. If a person dies intestate, or without a will, the court divides the estate according to state law. LEARN MORE
A guardianship typically involves the appointment of someone to manage the medical and physical care of a person with limited capacity such as a special needs child or a person with physical or intellectual disabilities. A conservatorship is a court order that appoints someone to oversee the financial affairs of a minor or a person who is incapacitated. One person can serve in both roles. LEARN MORE
A will and last testament form the foundation of an estate plan and are the key instrument used to ensure that the estate is settled in the manner desired by the deceased. While there is more to an estate plan than just a will, it is the presiding document the probate court uses to guide the process of settling an estate. LEARN MORE
Like a will, a trust provides for distribution of assets based on the deceased’s wishes. But unlike a will, a trust can protect assets from creditors and avoid taxes and the cost of probate. It can provide for control and future direction of assets long after the deceased person’s passing. Special needs trusts can permit a disable child or parent to receive income from the trust while still retaining public disability benefits like Medicaid. LEARN MORE
Everyone has an estate, it’s everything you own, your home, your accounts, your cars, and you probably have very specific ideas where and to whom you want your money to go after you pass. Because if you don’t, the state will be very happy to tell you exactly where your money will be going, and you and your heirs may not like it. Take charge of your estate. LEARN MORE
“Someone’s sitting in the shade today because someone planted a tree a long time ago.”
Warren Buffet
Frequently Asked Questions:
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In Texas, a will must be in writing, signed by the testator (the person making the will), and witnessed by two credible witnesses who are not beneficiaries.
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If you die intestate (without a will), Texas state laws will determine how your assets are distributed, which may not align with your wishes or best interests.
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Ensure it is signed by you and witnessed by two credible witnesses who are not beneficiaries. Consulting with an attorney is also advisable.