Why is it important to have a Will?
It is important that each person have a will that directs their family members and loved ones on how they want their final wishes to be carried out, as well as, how they want their and estate to be divided at the time of death. It is easier for family members or friends, who are left behind, to carry out your explicit wishes about how you want your estate divided, rather than having them guess or argue about what you would have wanted– or worse, having your estate divided according to Texas statute.
If you neglect to have a will drafted, in the event of your death, your estate shall be divided according to Texas statute. If you leave a spouse behind, and have no will, your spouse is not guaranteed to receive your entire estate. They may receive a portion of it, but your estate will likely be divided between your spouse and other heirs. Division of your estate can differ in a variety of ways if you have no children, if you have children from your current marriage, and if you have children from previous marriages. Additionally, property that is part of your estate, that was acquired by gift, devise or decent, will be divided differently than property that was acquired during a marriage. As San Antonio Probate Attorneys, we can explain the law on the distribution of an estate after death, and help you create a plan for an organized distribution of your estate according to your wishes. A will that states your wishes saves your family members time and money and allows them to focus on more important issues.
Additionally, if you own real estate and fail to leave a will, many of your heirs may inherit an ownership interest. When multiple people have ownership interests in real estate, it can make it difficult to sell or transfer the property without the unanimous agreement of all owners.
Other Estate Planning Tools
In addition to drafting a will for you, we, as San Antonio Probate Attorneys, can also help you prepare documents to plan for future financial and health care issues, in the event you become unable to tend to these matters on your own. Many people fall ill or become disabled at a time when they least expect it, and having these matters resolved prior to that can reassure you that your wishes will be carried out. As San Antonio Probate Attorneys, we can draft a Power of Attorney for you, which will allow a trusted family member or friend to act on your behalf in private or financial affairs. A medical Power of Attorney allows you to designate a trusted family member or friend to make medical decisions on your behalf should you become unable to make medical decisions, on your own, in the future. Finally, as San Antonio Probate Attorneys we can assist you in drafting a “Living Will” or a Directive to a Physician. A Living Will allows you to state in writing what kind of life sustaining health care treatment you would want medical personnel to perform on you, in the event that you become terminally ill and are unable or incapable of making medical decisions.
This article is intended for general information only and is not intended to constitute legal advice. The information or materials you obtain on this website may not be applicable to your specific situation or set of facts. As San Antonio Probate attorneys, we are prepared to assist you with your case. Please call us for a free initial consult.