What You Need To Know About Wills: A Comprehensive Guide For Texans

In this article, you can discover…

• The importance of estate planning for Texans
• The benefits of trusts over wills
• How a caring attorney can help you meaningfully navigate estate planning

What Is A Will And Why Is It Important To Have One In Texas?

A will is essentially a document wherein you describe in detail how and to whom you want your possessions, property, and finances to be distributed after you have passed away.

As an attorney, I often advise my clients to set up trusts as opposed to wills. A will forces your loved ones to go through an elaborate and sometimes very lengthy legal process known as probate to prove that the will is valid and binding, and this can tie up your assets for months, and in most cases, years. 

A trust, on the other hand, helps your loved ones and beneficiaries avoid probate and makes the transfer of assets far more private, efficient, and cost-effective. 

What Happens When Someone Dies Without A Will?

If you pass away without a will, the laws of intestacy apply. These laws automatically determine which of your nearest family members will be receiving your assets, with no say from you and no consideration of the complex ties and relationships that may exist among survivors. 

For example, if you pass away with no spouse and no children and are survived by your parents, each of your parents would automatically get half or 50% of your assets. What if you had a poor or unhappy relationship with one of your parents and would not wish that parent to receive your things? 

According to intestacy laws, there is nothing you can do about this. Meanwhile, a trust or a will would have allowed you to leave all of your assets to whoever you want instead of them going to an estranged parent. 

Trusts can also arrange for secondary loved ones to receive a portion of your assets in light of immediate beneficiaries passing away or even in light of changing family or personal dynamics. 

Without a will or a trust in place, your family will face a lengthy uphill battle involving attorneys and a search for unknown heirs. It is an expensive, drawn-out, and emotionally exhausting process that can take months or years to resolve.

What Information Should Be Included In A Will In Texas?

A will can be as specific or general as you want it to be. Your will could leave a specific subdivision of your property to those you love or you could simply will ALL of your property and land to your loved ones. 

It is important to be sure that the assets, property, and finances that you leave behind are fully yours to will away. If you do not properly and fully legally own something, those clauses of your will expressing your wishes for those assets are disregarded and will not be applied. 

How Often Should I Update My Estate Plan?

You should revise your estate plan at least once every year, and then as the necessity arises. For example, if you buy and sell property often, you will want to be sure to update your estate plans after buying and selling each new piece of property. 

The Law Office of Aurelio Garza P.L.L.C. proudly serves clients across the state of Texas. For over 15 years, Aurelio has helped people just like you navigate estate planning and made sure his client’s wishes are respected.

Have estate planning questions?
Reach out to The Law Office of Aurelio Garza P.L.L.C. at (956) 513-1117 for your Peace of Mind Planning Session, today.

If I Have A Will In Place In Texas, Do I Need Other Estate Planning Documents?

Yes, there are several other estate planning documents that I strongly recommend.

• Financial Power Of Attorney gives somebody else the authority to act on your behalf if you become incapacitated or partially disabled. Without a power of attorney in place, one of your loved ones must go to probate court to apply to obtain a guardianship of you.

  For example, you could name a spouse as your agent in your power of attorney, and if you become incapacitated through an illness or accident, your spouse could then handle your finances, banking, and any other decisions that you can no longer manage.

• Medical Power Of Attorney also gives somebody else the authority to act on your behalf if you become incapacitated and unable to make your own healthcare decisions. Your agent in your medical power of attorney will be able to make healthcare decisions for you.

• Health Insurance Portability And Accountability Act (HIPAA) Authorization allows you to designate individuals who can access your medical records and health information. This authorization is crucial because it enables trusted individuals to make informed decisions about your healthcare if you are unable to do so yourself and complements other estate planning tools like the medical power of attorney and directive to physicians.

• A Declaration Of Guardianship for your child allows you to designate who will take care of your minor children if you and the other parent are unable to do so. This declaration helps ensure that your children are cared for by the individuals you trust if something happens to you.

  Furthermore, while the declaration itself does not eliminate the need for probate court approval, it can significantly streamline the process. This document provides the court with clear guidance on your wishes, both avoiding situations where competing family members apply to be guardian and ensuring that your children are cared for in accordance with your values and preferences. 

• A Directive To Physicians helps doctors and loved ones understand what kind of care you do or do not want as you age or should you face a sudden medical crisis. Details about dementia care, palliative measures, life support, and CPR can be spelled out clearly, making sure that you receive only the procedures and care that you are comfortable with. 

• Funeral Directives involve details about your wishes for your earthly remains. Would you prefer to be buried or cremated? What kind of ceremony or funeral, if any, would you like to be held after your death? Estate plans can and should answer those questions to make sure your wishes and beliefs are respected and carried out. 

What Kind of Issues Can Occur Without An Estate Plan In Place?

Without detailed and secure estate plans, many surviving families wind up arguing at length about everything from palliative care for an elderly loved one to the distribution of assets after that person has passed away. 

Immense pain and conflict can result when family members do not agree on things like life support for dying family members; the hurt and upset from having to battle these decisions out between siblings or grown children can permanently damage relationships. 

It is much, much better for families and for you to have your clear and detailed wishes in writing before these hard decisions have to be made. 

How Do You Navigate Emotionally Difficult Conversations With Your Clients?

I have a four-step process to help my clients get more comfortable with each stage of estate planning. 

• A Peace of Mind Planning Session 

During our first meeting, we will discuss your goals and concerns. We will spend some time getting to know each other which helps me better understand your personal and financial goals, family dynamics, and any specific concerns you have about your estate. Additionally, I will educate you on the various estate planning tools and strategies and discuss how these tools can help you achieve your goals and address your concerns. Finally, we will discuss your options for different flat fee packages. 

• The Design Meeting 

Once you decide on one of our flat fee packages, in our second session, we roll up our sleeves and get to work on your plan. We begin talking more in-depth about what you want. If you feel uncomfortable answering specific questions at this juncture, that is alright, as there is no pressure. 

The second meeting simply makes sure that you are conscious of these options in greater detail. It also gives you time to think about these options after our session in the days that follow without the pressure of having to answer on the spot. While the process can be emotionally difficult, it is best to have these decisions come from you rather than placing that pressure on a loved one and possibly creating discord among the family as a result.

• The Review Session 

This is the third step, in which we review all drafted documents to ensure accuracy and make any necessary revisions. This includes reviewing and deciding on terms that you need additional time to think about. After this session, I will make the requested changes and send you a final proposed draft for your approval and or further modifications or questions, if needed. 

• The Signing Ceremony 

This is the final session, where you will sign your documents in the presence of our provided witnesses and notary public. 

One of the most important things I do as an attorney is help guide clients through this process. I will be sure to give you the respect and information you need at each stage; I also make sure that the options you choose are fully understood and 100% what you are comfortable with. 

For more information on Wills In Texas, our Peace of Mind Planning Session is your next best step. Get the information and legal answers you are seeking by calling (956) 513-1117 today.