Granbury, TX Wills Attorney

Getting Help with Your Will from a Hood County Wills Attorney

About 68 percent of Americans do not have a valid will. Most of those in this group have never created any sort of estate plan, while others have out-of-date wills that have not been updated to reflect marriages, deaths, divorces, births, business acquisitions, or changes in income. A will is important for many reasons.

Primarily, a will allows you to choose who you want your assets to go to, who you would choose to care for your minor children, and who you choose as executor. The assets of those who die without a will (or any other type of estate planning document) will be handled by the state, according to Texas statutes. If you are considering having a will prepared, it is important to speak to a Granbury wills attorney from The Law Offices of Rob Christian.

What Are the Requirements for a Will in Texas?

Texas laws require a person to be at least 18 years old to have a will unless the person is married or serves in the military. Wills must be in writing, which means they must exist in a physical form. A will can be handwritten or typed on a computer, but if it is typed on a computer, there must be a printed copy for the will to be valid. The person making the will must be of sound mind and memory, which means they:

• Are capable of making reasonable judgments about the issues set forth in a will
• Have a clear understanding of their own assets and relationships
• Know that they are making a will and understand what that entails

A will can never be made under duress. If pressure was exerted by someone who has power over the person making the will, it would not be considered valid. Wills must always be made voluntarily. A will must be signed by at least two credible witnesses who are at least 14 years old and are not beneficiaries of the will. Texas does not require notarization to make a will valid, but a notary will make it "self-proving."

What Happens if a Person Dies Without a Will?

Dying without a will is known as dying intestate. When a person dies intestate, a complicated situation exists for those left behind. When a will is in place, a person's assets go to those they choose rather than those chosen by the state. Provisions for a guardian for minor children, as well as for instructions on how pets will be cared for, are also important parts of a will. When there is no will, the state will distribute assets as follows:

• A surviving spouse inherits all community property. Any separate or personal property belonging to the decedent is then divided between the surviving spouse and children—or the surviving spouse and parents or siblings if there are no children.
• The children of divorced, widowed, or unmarried decedents are next in line and will each receive an equal share of the estate. If a child is deceased, his or her children will inherit their parent's share.
• If the decedent had no surviving spouse or children, his or her parents would each get half of the assets. If only one parent is alive, that parent will receive the entirety of the assets unless there are siblings, in which case, the estate is split between parents and siblings.
• In the absence of any of the above relatives, the state will move on to aunts, uncles, nieces, and nephews.

If a person dies with no spouse, children, grandchildren, parents, siblings, nieces, or nephews, more distant relatives may inherit if they can be located.

How Can a Will Benefit Your Situation?

Having a will allows you to direct how you want your assets distributed after your death. A will makes the administration of an estate go much more quickly and smoothly, causing far less stress for loved ones. When a will exists, challenges and arguments regarding the distribution of assets are less likely.

Without a will and a named executor, the state will appoint an executor. This is usually the first person who asks the court to serve as executor, meaning the person could potentially be someone the decedent would not choose. Finally, a will can name a guardian for minor children. Absent a named guardian, the state will choose, and, again, may choose the first person that asks.

While having a will prepared is a big step, keeping a will updated is equally important. Any time there is a major change in a person's life, a will must be updated.

Contact Our Granbury, Texas Last Will and Testament Lawyer

Having a will is vitally important, no matter your age or the assets you own. An experienced Granbury wills attorney can help you make the best decisions for your family while preparing a will that ensures probate will go smoothly. At The Law Offices of Rob Christian, you are never just another client. We will get to know you so we can prepare a will or an entire estate plan that perfectly suits you, your family, and your lifestyle. Call The Law Offices of Rob Christian at 682-936-4003 or contact us online today to schedule your free consultation and begin planning.