League City Estate Planning Lawyer for Wills
Draft a Will to Preserve Your Family’s Wealth
Making plans for your family’s future should be a comfortable process. It can be stressful to determine who would receive your property in the event of your passing. Drafting a last will and testament to guide your loved ones in distributing wealth avoids many complexities between your family members. A valid will also provides your family members with a roadmap on how to distribute your assets.
At The McNair Law Group, PLLC, our League City estate planning lawyer's mission is to provide you with the resources and guidance to plan your will with ease.
Why Prepare a Will?
A will is one of the most important parts of an estate plan. Also called a "last will and testament," a will allows you to state your wishes for the distribution of your property after you die.
Without a will, the state of Texas will be solely responsible for distributing your assets under intestacy succession. Intestacy laws specify certain family members to receive your assets based on their relation to you. This also does not allow for assets to pass to non-family members of your choosing.
With a will, you can:
- Leave your assets to loved ones outside of intestacy succession
- Specify donations to an organization
- Name an executor to manage your estate
- Establish a guardian to care for your minor children
Creating a Valid Will in Texas
Each state has its own requirements for a valid will. Texas law requires that the testator, or person making the will, has the following:
- Legal Capacity - The testator must be either at least 18 years old, have been lawfully married, or is currently serving as a member of the armed forces of the United States.
- Testamentary Capacity - The testator must provably be of sound mind. This means they have the mental ability to understand the purpose of the will, the status of their assets, and their relationships to beneficiaries.
- Testamentary Intent - At the signing of the will, the testator must fully intend to dictate the distribution of their property upon their death.
There are additional specific requirements that must be met depending on the type of will you write.
Holographic vs. Attested Wills in Texas
There are two types of written wills recognized in Texas:
- Holographic
- Attested
Holographic wills must be entirely written in your handwriting. The will must also be signed by you as the testator. There are no witness requirements for a holographic will in Texas.
Attested wills can also be written and signed by you. However, you can also direct another individual to create your attested will, in the presence of at least two other credible witnesses above the age of 14.
Attested wills are the most common options utilized between the two. This is because, while holographic wills are relatively easy to create, they can also be more easily contested in probate court. Since holographic wills are always written by the testator, they can easily be subject to error on the testator's part. Also, since attested wills are witnessed, it is harder to argue the will's legitimacy.
Don’t Wait to Complete Your Will
Drafting a last will and testament isn’t exclusively beneficial to the elderly. Every adult should consider one, particularly those with children.
Beyond the distribution of wealth, your will allows you to determine guardianship of your children after you pass. Your will also allows you to handle of the estate for their betterment and the benefit of your spouse. Even without a family, your will allows you to distribute the entirety of your estate.
Reach Out to Our Attorney for Preparing a Will in Texas
Working with our League City attorney at The McNair Law Group, PLLC is a comfortable and guided process. We want to ensure that you feel educated and provided with every resource necessary to help you draft your will.
Ready to discuss creating your will? Contact our office in League City, TX at (281) 784-3340 today!