Protect Your Assets & Your Loved Ones in Texas Probate
When you pass away, the people you leave behind will have much to deal with. If you do not leave a written Will, they may be faced with an expensive administration of your estate with a judge deciding how to divide your estate. By creating a valid Will you can save them the frustration of sorting out your estate in the midst of their grief. In probating Wills for my clients, there are several considerations to address.
- Who will inherit your estate?
- Who will be the guardians of your minor children?
- What will happen to your real estate or your bank accounts?
- How will your family move forward if your assets are locked in probate?
People that do not provide for these contingencies before their death leave a major problem for those they leave behind. Once you are deceased, many of your assets can be frozen and the easiest way to get those assets is to probate a Will.
I've had over 35 years of experience as a Houston probate attorney. My goal with every client is to draft a will that outlines your wishes and prevents expensive and time-consuming legal issues for surviving family members. I then provide support and guidance for your chosen executor to ensure a smooth and successful probate.
Now Is the Time to Create Your Will
At least once a week I hear someone say “I’ll make a Will next month.” But as one month leads into the next, they never make the time to create this important document.
All of us hope that we will have some warning before we pass away and will be able to dash to the probate attorney’s office to make the arrangements, but the reality is that none of us know what the future holds and when our time is up.
Most people assume they will grow old and die of natural causes at an advanced age. However, the reality of the situation is that many people die prematurely as the result of any number of reasons.
By having a Will prepared you are taking the opportunity for reflective asset protection before and after your death.
Putting together a Will or a Physician’s Directive or a Living Will or Powers of Attorney are not as time-consuming and expensive as you might expect. Now is the time to protect the people you love and make your wishes known.
- Do you want to be kept alive on life support if you are just being kept alive by machines?
- If you were unable to make medical decisions for yourself, wouldn’t it be good if you had already designated someone that loves you to make those medical decisions in your best interests according to your wishes?
- What about your minor children? If something happened to you and your spouse, what is to become of your minor children? With a Will you can designate who will be their legal guardians and also who is to be the trustee of the trust to be set up to provide for their financial well being.
- If you are no longer married to your children’s other parent, you can designate someone else (not your ex-spouse) to be the trustee of the children’s trust account and to manager their inheritance until they reach a certain age that you determine.
- Do you own real estate, a motor vehicle, anything with a deed or a title? What about bank accounts? C.D.’s? Brokerage accounts? These are all things that will need to pass through probate. Not having a Last Will and Testament causes your loved ones real problems because they need a Will to obtain “Letters Testamentary” which is the document authorizing the transfer of titles and deeds and such out of your name and into theirs.
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Holland Elder Law is here to help & guide you
Personalized Estate Planning
Making a Will is a very personal matter. As your probate lawyer, I will work directly with you every step of the way to make sure that your wishes are followed. To see that your children are provided for and the documents provide for your wishes in such a manner that they will be legally carried out. A Texas Will is extremely important if you wish to have a say in how your estate is distributed.
How to Draft a Will?
Together, we will draft a Last Will and Testament that addresses everything. We will name your “executor” (the person who will be responsible for administering your Will) and decide who will receive your estate. If you own property at the time of your death, your Will can give the executor the ability to sell the home if necessary (or transfer title to your beneficiaries).
