Last Will & Testament

Whether it's divorce or dying, us humans aren't fond of endings. Unfortunately, while a lot of things in life are uncertain, death isn't one of them. Which is exactly why it's so important to prepare for it now, rather than wait to be blindsided by it later on. By drafting a last will and testament, you not only ensure that your wishes are carried out the way you want them to be, but you also make the transition easier for the ones you leave behind.

Last Will and Testament: 101

A last will and testament (often shortened to just a "will") is a legal document which outlines how you want your property distributed and your affairs settled once you die. The person drafting the will is called the testator; the individuals who inherit are beneficiaries; and the person in charge of carrying out the will is an executor. Parents of minor children should also name a guardian, who will be responsible to care for and nurture the children in their parent's absence.

What Can a Last Will and Testament Do?

In Texas, some of the benefits of a will allow you to: subvert standard estate laws; choose your own executor; choose your own beneficiaries; direct property where you want it to go; leave your property to an organization; name a guardian for minor children; create a trust for minor children; and outline other personal matters such as your funeral arrangements. A last will and testament can be revoked or amended at any time.

How to Draft a Last Will and Testament

In order for your will to be valid, it has to meet a few requirements. In Texas, a last will and testament is accepted only when: it's in writing; you are at least eighteen years old; you are of sound mind and memory; your will is freely and voluntarily drafted; and you sign in the presence of two credible witnesses who are at least fourteen years old and won't benefit from your will.

What Happens if I Die Without a Last Will and Testament?

A person who dies without a last will and testament is called "intestate." When this happens, a probate court will simply divide your property and assets according to standard estate laws. In Texas, this usually means surviving spouse and children first, and then on to parents, siblings, and other descendants as needed. If you are a parent, then having a last will and testament is a lot more critical, because the care and comfort of your child is something you probably shouldn't leave up to the discretion of the court.

Last Will and Testament Attorneys in Texas

The uncertainty of death is scary. However, that's exactly why it's so important to think about these decisions now, while you know you still have time. To hear more about drafting a last will and testament or for other probate questions, we want to hear from you. Call North Texas Family Lawyers today at (972) 436-8000, or schedule a consultation online, and let us help you navigate these important decisions.