Last Will and Testament
Last Will and Testament Attorneys in Houston, Texas
While the value of creating a will only manifests after death, it is something that you must be concerned about at present. Estate administration broadly pertains to the judicial proceedings of transferring assets to surviving heirs, but this is rarely simple. Wills can be contested, and that is the last thing a decedent would want. A last will and testament attorney can help you create a will that will protect you and your loved ones.
Wills and probate issues must never be taken lightly. Our Houston last will and testament attorneys at Chargois Harper assist in creating legal documents that facilitate a less stressful administration of an estate.
Looking at estate planning options suitable for you is an essential and responsible thing to do. It may involve some of the most important decisions you will make in your life, so make sure an experienced legal team assists you. Send us a message or call us at 832-479-4499 today.
What is a Last Will and Testament?
A last will and testament is a document that indicates a person’s final wishes relating to their dependents, properties, adn assets. A person’s last will and testament outlines what to do with possessions, whether they will leave them to another person, a group or donate them to charity. What happens to other things that they are responsible for are also decided, such as custody and care of dependents and management of financial accounts.
Drafting a will for yourself or dealing with a deceased loved, one must follow a specific legal process outlined in relevant Texas state laws. You usually distribute your real and personal property to your would-be surviving spouse, child, or even grandchild when you make a will.
If you are planning to write a will but you don’t where and how to start, you may seek legal advice early on. Consult with knowledgeable and well-trained Houston, TX last will and testament attorneys to avoid mistakes related to a will or any estate planning document that you will create.
Our last will and testament attorney in Houston, Texas, will help you as you clarify your intentions, protect your family, and prepare necessary estate planning documents. We will make it known to all concerned how you wish to deal with matters concerning your health care, personal and business affairs, and even your death. Schedule a consultation with our estate planning attorney in Texas to find out what steps you can take to plan for the unexpected.
The Basics of an Estate
Very broadly, inheritance refers to the passing of wealth from an individual to the succeeding generations. This transfer of cash, contents of a bank account, personal property, real property, and other assets account for a significant proportion of wealth throughout the United States.
An estate, meanwhile, is a related term that refers to everything that comprises the net worth of an individual. An estate can include
- Monetary assets
- Personal possessions
- financial securities
- Real estate
- Any assets owned by the estate owner
An estate often pertains to the economic valuation of an individual’s assets, investments, and interests for legal purposes. While real estate and other physical assets are typical examples, legally, the term may also include personal belongings, collectibles, art collections, and antique items or furnishings. Financially, estates refer to one’s net worth. In a way, it relates to the total of the above assets, minus liabilities to creditors and other entities.
Choosing the Right Estate Planning Tool
Life can bring unexpected events, which is a primary reason why it is necessary to protect your family’s future. With the right estate planning tool, you can proactively anticipate possible issues and scenarios, address them before they occur, and minimize the frustration and emotional distress that comes with losing a family member.
In general, estate planning is concerned with managing one’s estate, specifically how it will be transferred or distributed to your surviving spouse, children, or even grandchildren when you pass away. While there is no one way to manage an estate, the total value of your assets will be a matter of significant attention once you pass away. Here, the legal services of a diligent Texas last will and testament attorney are necessary to ensure that your estate planning documents will be beneficial for appointed heirs and beneficiaries.
Having an estate plan in place gives you the peace of mind that your loved ones will not have to deal with the unnecessary burden of figuring out what you would want to do when an unexpected life event or death occurs in the family. Schedule a consultation with our Houston last will and testament attorneys to know how we can help.
An Overview of Creating a Will
Before proceeding to create a will, appoint heirs, and write down your wishes when you die, it is highly recommended first to get legal help from a trusted law office. Always remember that last wills and testaments are legal documents. As with any legal document, you must ensure that they are pursuant to relevant estate planning laws.
Getting a reliable last will and testament attorney is necessary for various reasons. When drafting and setting up a last will and testament, you must follow a legal process. Anything that is not pursuant to estate law could lead to the last will being contested. There are various grounds for contesting a will, and you should keep these in mind as you prepare yours.
Before you create a will and decide on heirs you want to appoint, make sure to get in touch with competent Texas last will and testament lawyers. Getting the legal services of good estate planning attorneys in Houston will also ensure that wills and trusts comply with all relevant estate laws.
Preparing a Will in Texas
One should keep in mind that if at least one provision of a will is rendered invalid, it would be as if the testator did not make a will at all. The intestate probate process can be very complicated, and you would want your loved ones to avoid probate and be spared from dealing with intestacy laws after you pass away.
When writing a will, one rule that many people overlook is that there is a very specific way to sign it. Estate planning documents must strictly follow relevant statutes on how the last will should be signed. Usually, the testator (the person making a will) must sign the paperwork in the presence and hearing of usually two witnesses. The witnesses and testator should be in one room, and all must have witnessed the others as they are signing the document.
There are certain formalities and signing guidelines that you must follow to ensure the validity of the estate planning document you signed. This can vary from state to state. If they are not followed, the will you wrote might be invalid. Someone could contest a will based on this. An experienced last will and testament attorney in Houston, Texas, can explain to you how to write a will that will likely not be contested.
When Is a Will Contested in Texas?
There are many reasons why you should get legal advice from someone well-versed with wills and estates law before proceeding. Some people commit the mistake of drafting wills on their own. Experienced estate planning lawyers can attest how often this has resulted in a lot of unnecessary stress to your loved ones when you die.
In certain cases, the person who wants to leave behind a will might have been subject to undue influence. When you draft a will, you want to decide things that will take effect when you are already deceased. These could be on
- Transferring to a specific heir
- Whether you will disinherit any of your siblings
- Who among your loved ones will be appointed as your successor
- Who will carry out your wishes at the time of death
It is, however, possible that the testator was put under severe duress, to the point they lost their free will. If such is proven, the will can be contested. To avoid your will from being contested, it is best to consult with a reliable last will and testament attorney early on. Schedule a consultation with us today!
Lack of Testamentary Capacity
The testamentary capacity signifies that the person drafting a will can understand the value and nature of the inheritance they intend to distribute. This means they understand who should inherit their personal property and other legal effects of the signing. Someone with signs of early dementia may still have testamentary capacity, as long as necessary details are still well understood.
Get in touch with a reliable estate law firm early in the process. Our Houston last will and testament attorney can explain in detail testamentary capacity and how these legal documents are processed in Texas.
You usually make your will to ensure that whoever is in charge of estate administration will be distributing your assets to the beneficiary. Naming beneficiaries often involves family members and loved ones. Unfortunately, however, there are instances where one of these people would trick the testator into signing a will. The testator could have been told that the document was merely a power of attorney or a deed when it is a will or other similar instances.
Our last will and testament attorneys can provide legal assistance and help you with any paperwork related to the above. Dial 832-479-4499 and seek legal advice from knowledgeable and well-trained last will and testament lawyers in Houston TX who can help with your case.
Last Wills & Testaments and Estate Administration
Estate planning laws can be pretty complex, covering serious legal matters. Estate assets are often quite significant, and you would want the right people to inherit what you worked hard for. Do not be tempted to appoint an heir or make decisions without getting legal counsel. Seek legal help before you create a will to ensure its validity.
As mentioned, the process of creating a will must be under local statutes, which can significantly vary from state to state. A dedicated last will and testament lawyer in Houston can help make sure that you comply with all relevant probate and estate law in Texas. Having an estate lawyer assisting you as you write a will ensures that all aspects of estate laws will be explained to you comprehensively.
To both a testator drafting a will and a would-be beneficiary, it is usually advised to have estate attorneys supervising them as they appoint heirs or deal with possible probate proceedings. Consult with a competent and compassionate Houston TX last will and testament attorney today.
Contact a trusted last will and testament attorney for reliable legal assistance for any questions on wills, trusts, guardianship, or intestacy, or if you find yourself in probate court. Call us at 832-479-4499 to learn more about these things.
Why You Need a Reliable Last Will and Testament Attorney in Texas
In itself, the circumstance can be stressful when someone dies. You will need an attorney from a trusted law office to make sure that the process of dealing with legal matters is simplified. Trying to understand probate forms and the court system can be overwhelming and time-consuming. Deal with probate issues with a reliable estate planning law firm.
If you have questions on last wills and testaments, living wills, living trusts, succession, or power of attorney, give our law office a call. A local attorney who specializes in trusts and estates can provide reliable legal representation and estate planning services. Whether you are looking foe ways to reduce estate taxes, make a will, or establish a trust, our Houston, Texas estate planning lawyers can help.
It is best to consult with a local attorney to ensure that your actions will not lead to unwanted complications with these in mind. Our Texas last will and testament attorneys at Chargois Harper Attorneys and Counselors at Law can provide the legal services that you need.
Estate Planning Law Firm in Houston, TX
Many people are unaware that a last will and testament is not the only way to distribute one’s assets. A credible Houston, TX last wills and testament attorney can answer your questions on setting up a trust, probate administration, administering the estate, letters testamentary, intestacy, or other estate planning documents.
Our estate planning lawyers in Houston can clearly and comprehensively explain to you estate planning laws and statutes in Texas & Illinois. Schedule a consultation at our estate planning law firm in Texas today.
You can count on us to protect your interests and resolve your legal concerns in Texas & Illinois.
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