Wills

Wills
Austin, Texas

A will, formally known as a Last Will and Testament, is a legal document that outlines how you want your assets—such as money, property, and personal belongings—distributed after your death. It also allows you to:
 

• 🧑‍⚖️ Appoint an executor to manage your estate

• 👨‍👧‍👦 Designate guardians for minor children

• 💝 Make charitable donations

• 📜 Set conditions on inheritances (e.g., age requirements)

🛡️ Why It's Especially Important in Texas

Texas has specific laws that govern what happens if you die intestate—meaning without a will. Here's why having a will matters:
 

• Control over your estate: Without a will, Texas law decides who inherits your assets, which may not align with your wishes.

• Avoiding probate complications: A well-drafted will can streamline the probate process, saving time and money for your loved ones.

• Protecting your children: You can name a guardian for your minor children. Without a will, the court decides who takes care of them.

• Preventing family disputes: Clear instructions in a will reduce the risk of conflict among heirs.

• Ensuring fairness: You can tailor inheritances based on individual needs, which intestacy laws do not allow.

In short, a will gives you the power to make thoughtful decisions about your legacy rather than leaving it up to the state.

Why Not Just do Your Own Will?

Writing your own will in Texas might seem like a cost-effective and straightforward way to handle your estate planning, but it can lead to serious legal and financial complications. Here’s why you probably don’t want to go the DIY route:

⚖️ Legal Requirements Are Strict

Texas law has specific rules for a valid will:

• It must be in writing and signed by the testator (you).

• Two witnesses (age 14 or older) must watch you sign and then sign the will themselves.

• You must be of sound mind and at least 18 years old.

Failing to meet any of these requirements can result in your will being rejected by the probate court.

🧩 Common Pitfalls of DIY Wills

• Unclear or incomplete language: Legal documents require precise wording. Vague terms can spark disputes.

• Missing key provisions: DIY wills often overlook important elements like guardianship for minors or handling debts and taxes.

• State-specific laws: Generic templates may not comply with Texas laws, risking invalidation or delays.

• Disputes and litigation: Poorly drafted wills can lead to family conflicts and costly court battles.

🛡️ Why Professional Help Matters

• Attorneys ensure your will is legally sound and tailored to your unique situation.

• They can coordinate your Will with other documents like trusts and medical directives.

• Legal guidance reduces the risk of challenges and gives you peace of mind.

In short, while DIY wills might save money upfront, they can cost your loved ones dearly in time, stress, and legal fees later. A professionally prepared will is an investment in clarity, security, and your legacy.

Memorandum

While your will or trust will, generally, dispose of your property at your death, these documents generally address only your most valuable, larger assets. But, sometimes, you have heirlooms or items with sentimental value that you want to make sure end up in the hands of the person you most want to have them. This might include your pets, for example. These documents are done by you and can be changed over time as you acquire more such assets and as your wishes change. 

We’re here to help – contact us today or call (512) 328-3030.

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