Wills

Austin Will Attorneys

Helping Our Clients Plan with Compassionate and Empathetic Legal Services

Nobody wants to think about our immortal existence and how we cannot escape this world alive. In addition to the discomfort of thinking about our own deaths, those with families must contend with thoughts about how their children, spouse, and other loved ones will get by after they are gone. While these matters can be challenging to consider, it is often necessary to think about the importance and various aspects related to the distribution of estate assets upon death, as well as the estate planning process that can be utilized to protect an individual’s interests.

Will creation is one of the most critically important measures that a person can take to ensure their final wishes are followed, their legacy is protected, and their surviving family members are cared for after their passing. By creating a valid will, you can achieve a sense of peace of mind knowing that it outlines how you want your assets and property to be handled, debts to be settled, and funeral arrangements to be made. If you decide not to create a legal will or other important documents for your estate plan, your surviving loved ones may face higher costs, a more complex probate process, and your assets may not be distributed according to your wishes.

Those seeking to create a comprehensive estate plan with a valid last will at the center of it are strongly encouraged to seek the professional legal guidance of experienced will attorneys. Our legal team has extensive experience representing the interests of our clients in various estate planning matters, including helping our clients decide on the proper legal documents that suit their specific needs.

To learn more about how we can assist you and your family by drafting a will and other estate planning documents, please contact our Austin office to request a free case evaluation today.

What Makes a Last Will and Testament Such a Critically Important Document for Your Estate Plan?

While our attorneys may encourage you to consider several different types of legal documents to create a comprehensive estate plan, particularly for those with complex estates, a valid will is typically considered the foundation upon which the rest of the estate plan is built. When beginning the estate planning process, you will likely make creating your will your first step.

Individuals who die without a will shall have their estate assets distributed according to state laws, effectively removing all control from the family’s hands and disregarding any implied wishes of the deceased. For example, if you die without a will in Texas, most of your estate will likely pass to your surviving spouse, then to your children, and so on. Those who wish to see their assets distributed to intended beneficiaries must create a will that reflects these desires.

Parents who pass away without a will put their minor children in jeopardy, as the courts will be entrusted to appoint a legal guardian according to the guidelines, which may not necessarily reflect who you may want to take the responsibility of caring for your children. If you want to select individuals to assume guardianship roles, you need to establish these wishes with a will. 

Even in ideal circumstances, probate court can be complex, costly, time-consuming, and emotionally taxing. Those who die without a will may have their estate assets tied up in the probate process for an extended period, with some cases taking years to resolve. Creating a will is the best way to simplify the probate process for your loved ones.

Depending on your circumstances, you may benefit from having more than just a simple will that reflects your final wishes. Speak to our estate planning lawyers about your goals, and we can help determine what other types of documents may be suitable additions to your estate plan.

What Key Concerns Can Be Addressed in Your Will?

Among the primary benefits of creating a last will and testament are the following:

Save Money and Time by Simplifying Probate Matters for Your Surviving Loved Ones

Drafting a valid will substantially minimizes the time, stress, and cost of settling an estate after an individual’s death. Without a will, estate assets can become entangled in probate proceedings, resulting in additional paperwork, conflict, and costly legal fees. To save money, reduce stress, and ensure a more efficient probate process, consider drafting a will.

Designation of the Estate Executor

If you do not draft a will, the courts must decide who to appoint to handle estate administration during the probate process. With a valid will, the decedent will have the opportunity to name an individual to represent their interests who they trust to handle estate administration, settle debts, pay taxes, distribute assets to beneficiaries or heirs, and eventually close the estate in probate.

Ensure Your Property and Assets Are Distributed According to Your Final Wishes

Complex estates, particularly those of blended families or high-net-worth individuals, are especially encouraged to consider the benefits of creating a last will and testament. Without a will, your estate property and funds will be distributed according to Texas intestate laws, which may have several differences from your intended distribution of assets. For example, state laws may not believe that a specific family member should be first in line to receive a particular item from your estate, but a will can clearly identify that individual as the beneficiary to inherit that property.

Business Succession Planning

Business owners, particularly those who own a family business or small business, are encouraged to consider various estate planning tools, including creating a will. Without a well-developed business succession plan, business ownership could become a point of conflict between your surviving family members or partners.

Choosing Guardianship for Minor Children

While many people think of estate plans as something only for the wealthy or those of advanced age, young families are among those who may especially benefit from creating an estate plan. If you have minor children, you want to ensure that they are well taken care of after you are gone. With a will, you can decide who takes responsibility for being the primary caregiver for your children by establishing your wishes for guardianship.

Establishing Funeral and Burial Instructions

One of the areas of potential conflict, or at the very least potential heartache, can be instances where surviving family members are at odds trying to decide how to handle funeral, burial, cremation, and memorial concerns. With a well-thought-out plan, you can settle these concerns by establishing your wishes.

Reduce the Risk of Family Disputes

While we may hope that our surviving loved ones will stick together after our passing, conflicts can arise even in the closest of family units, and these disputes can sometimes result in litigation. In hopes of curbing the possibility of family disputes, you are encouraged to draft a will and explain the language of the will to your family members so that there is no confusion about the terms.

What Are the Legal Requirements for Creating Valid Wills in Austin, TX?

To ensure that your will is legally binding and meets all the requirements under Texas estate law, speak with experienced Austin will lawyers who are well-versed in these practice areas within your area or jurisdiction.

Among the basic requirements of a legally valid will are the following:

  • The will must be in writing
  • The legal document must be signed either by its creator or by another person at their discretion, in their presence
  • The will must be verified by at least two credible witnesses who are over the age of 14
  • The witnesses must sign the will in the presence of its testator
  • Most wills in Texas include a self-proving affidavit, which is signed by the testator, the two witnesses, and then notarized. This legal process eliminates the need for witnesses to testify in court during probate proceedings

Wills must be written by those who are at least 18 years old, currently serving in the armed forces, or who have been married or are currently married. The testator does not need to satisfy all three requirements. However, in addition to those three basic requirements relating to age, marriage, and military service, the testator must also have testamentary capacity at the time of writing the will, and they must not have been forced or deceived into drafting the will’s terms.

Most Texas wills are considered simple wills. Handwritten wills, sometimes referred to as holographic wills, may be legally valid if they follow certain strict rules. To fully understand the restrictions of holographic wills, we encourage hiring experienced legal representation from our law firm.

Contact Our Austin, Texas Law Offices to Request a Free Consultation with Our Experienced Estate Planning Attorneys Today

Our Austin legal team represents clients in various legal matters, including drafting wills, probate court, will contests, and other practice areas.

As your legal representatives, we will explore all potential options to help you secure a satisfactory outcome to your issues or concerns, including offering ongoing support through all legal proceedings. Although a last will and testament is a critical component of virtually every estate plan in Texas, that does not necessarily mean it is without its complications, and you would be well served by seeking the advice of our attorneys.

To schedule your free initial consultation with our Austin wills and trusts attorneys, please contact our office at 512-402-6753.