While conversations about what will happen after a loved one passes can be emotional, having a complete and up-to-date will is one of the best ways to ensure peace of mind – and it is not difficult to do.
- At an initial meeting, we’ll give you a questionnaire that will help you list all of your assets, accounts, and an executor, as well as any special designees.
- When you return with the finished questionnaire, we will compile your will and it will be signed and notarized. We provide a packet to combine the will with your life insurance information and notes for your obituary, so it is convenient for your next of kin.
- This process can take very little time, depending on how quickly you can complete your list of assets.
WHAT HAPPENS IF I DIE WITHOUT A WILL? If someone dies without a will, this is known as dying ‘intestate’. In such instances, the estate (or property, assets, and debts) of the individual are passed by Texas statute to the next of kin in a very particular order. Consult one of our attorneys for further information.
CAN I LEAVE SOMEONE OUT OF MY WILL? Yes. Texas law allows for passing of your estate to anyone or to no one, based on the wishes set forth in your last will and testament.
WHAT RESPONSIBILITIES DOES AN EXECUTOR HAVE? The Executor must take an oath to administer the estate per the wishes of the decedent as set forth in the will. The Executor must also file a report with the court at the conclusion to show proper distribution of the estate.
WHAT IS A LIVING WILL? A living will is a document that details an individual’s requests regarding medical care should they become incapacitated and are no longer able to make such requests.
WHAT IS PROBATE? Probate is the process of determining a will is valid, entering the decedent’s (person who died) estate into the court system, and then allowing for the payment of debts and distribution of assets.
After a family member has passed, the executor of the will is expected to file for probate with the help of an attorney.
After the will is validated, creditors can make known they have a claim against the deceased’s estate, and request payment.
Friends and family may also contest the will if they disagree with the distribution of assets. They would be represented by an attorney who would seek to prove the will is not legally binding.