Probate & Wills in Texas
Taking Care of Family
Having a will is one of the most loving and considerate things you can do for your family. Anyone who has experienced a family death knows the value of a will. Loss of a loved one can be emotionally overwhelming, and during a time when emotions are riding high, it is difficult to think and make sound decisions. Having a will that has already established guidelines and expressed the loved one’s wishes is often a godsend.
No one likes to think about dying. Considering the measures you want to put in place probably feels challenging. However, the fact is, a will is often not for you as much as it is for your loved ones. It is a way to spare them from having to make difficult decisions during a difficult time.
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What Does a Will Do?
A will is a legal document that explains how your property should be distributed after you die.
In Texas the most common type of will is a formal will. A formal will is in writing and is signed by the person and two or more witnesses.
Formal wills are the most effective type of will to use. They hold up in court and are usually more detailed and leave little doubt as to what was intended.
Without a will, your property will still be distributed when you pass away. However, it may not be distributed how you would like. You’re leaving it up to the legal system to distribute your property. It’s likely to be more expensive for your loved ones and add emotional strain as they navigate the legal process without your clear guidance.
Other Legal Measures
A living will is a legal measure that addresses healthcare. It is not actually a will per se, but it is a legal document that addresses healthcare if you are too ill, injured or mentally incapable of making medical decisions. An advance directive for healthcare is another name for a living will. This legal measure leaves instructions such as:
- Whether you want to be resuscitated if you stop breathing
- Whether you would want a feeding tube if you were unable to eat
- Whether you would want pain medication if you were experiencing pain
- Who would make healthcare decisions for you if you were unable to do so
Wills
&
Probate
In Texas
Powers of Attorney
The person who would make healthcare decisions for you if you become incapacitated is also called a medical power of attorney.
There are different types of powers of attorney in Texas. In addition to a medical power of attorney, there are financial powers of attorney. You can designate someone to act in your place if you cannot be present in person. This is called a power of attorney. Also, there is a durable power of attorney, where you give the authority to someone you trust, allowing them to make financial decisions for you, if you become incapacitated or disabled.
What Is Probate?
Probate is the legal process to administer a will or an estate after the person has died. During probate, the court determines whether a will is valid. The probate court can also deal with will contests. A will contest is an objection filed with the court regarding a will or provisions in a will. For example, the person contesting the will may argue that the will was not valid because the person was not of sound mind or that the person was coerced when writing the will.
Do You Have Questions About Wills or Probate?
We are happy to answer your questions and help you write a will or other legal document. If your loved one has died, we can help you with probate administration.
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Little Law, PLLC
2904 Corporate Circle, Ste. 123
Flower Mound, TX 75028
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Phone: 940.489.8440
Fax: 940.905.4041