Wills | Trusts | Estate Planning | Probate | Guardianship
Thoughtful
Estate Planning
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Wills Attorney Serving Ft Worth, TX
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We are dedicated to providing comprehensive will services to our clients in the Fort Worth area. We understand that creating a will is a deeply personal and important step in securing your future and ensuring your wishes are honored. Our team is committed to guiding you through every aspect of the will-making process with professionalism and care. From drafting a clear and legally sound will to addressing all your estate planning needs, we are here to help you make informed decisions and achieve peace of mind. Let us support you in safeguarding your legacy and providing clarity for your loved ones.
“Estate planning isn’t just for the wealthy, it’s for everyone, everyone who wants to protect their family and prepare for the future".”
What Are the Requirements for Formal Wills in Fort Worth, Texas?
Creating a formal will involves adhering to specific legal requirements to ensure its validity. These requirements are designed to confirm that your will reflects your true intentions and is enforceable under Texas law. A formal will must meet the following criteria:
● Written Document: The will must be in writing. This can be either a typed document or a handwritten (holographic) will, though typed preferred for clarity and avoiding potential disputes.
● Testator’s Signature: The will must be signed by you, or by another person at your direction and in your presence.
● Witnesses: The will must be signed by at least two competent witnesses who are not beneficiaries. These witnesses verify that you signed the will voluntarily and were of sound mind.
● Legal Age and Capacity: You must be at least 18 years old and of sound mind to understand the nature of your estate and the purpose of your will.
● Self-Proving Affidavit (Optional but Recommended): While not required, a self-proving affidavit is highly recommended. This affidavit is a sworn statement by you and your witnesses affirming the will’s validity and can expedite the probate process by negating the need for witnesses to testify in court.
Who Can Make A Will?
Creating a will is a fundamental aspect of estate planning, but not everyone is legally eligible to make one. To ensure that your will is valid and enforceable, you must meet specific criteria. Here’s who can make a will:
Adults Aged 18 and Over: In most jurisdictions, including Texas, you must be at least 18 years old to create a will.
Individuals of Sound Mind: You must be mentally competent when creating a will. This means you should understand the nature of your assets, the implications of your decisions, and the purpose of the will.
U.S. Citizens and Residents: While the specific rules can vary, generally, U.S. citizens and residents can create a will. Non-residents may have additional requirements or considerations depending on their situation.
Minors with Special Circumstances: In some cases, minors who are married or emancipated may be eligible to create a will, but this is less common and subject to specific legal conditions.
Are handwritten wills legally valid?
Yes, handwritten wills, also known as holographic wills, can be legally valid, but their acceptance depends on specific legal requirements. In Texas, a handwritten will can be valid if it meets certain criteria. It must be entirely written by the testator (the person making the will) and signed by them. Additionally, the will must reflect the testator's intent to distribute their estate upon their death. It is generally advisable to seek legal assistance to ensure that a handwritten will is properly executed and meets all legal standards to avoid potential issues during probate.
Our firm serves the residents of Fort Worth to providing expert will services tailored to your unique needs. Our experienced team will guide you through every aspect of the process, from drafting a legally sound will to addressing any concerns you may have about your estate plan.
For personalized assistance and to ensure your will is comprehensive and legally valid, contact us today. Consult with a skilled will attorney to secure your legacy and gain peace of mind for you and your loved ones.
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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Notarization is not required for a will to be valid in Texas, but having it notarized can make the probate process smoother.
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Yes, non-U.S. citizens can create a will in Texas, but it’s advisable to consult with an attorney to ensure it meets all legal requirements.
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You don’t need to file your will with the court while you are alive, but it must be filed with the probate court after your death for probate proceedings.