Although thinking about one’s death is difficult for most of us, having a will prepared is one time when you need to think about the future for the sake of your loved ones. It is unfortunate that many people die without having made arrangements for the handling and distribution of their estate, which can lead to complex legal issues over the disposition of their property. This is particularly significant in Texas, and frequently involves the work of probate lawyers to help settle an estate when an individual dies without clear, legal documentation about its disposition.
Knowing this, law firms experienced in handling probate law suggest it is never too early to have a will prepared. With the help of a qualified and experienced probate attorney, many complications that could otherwise happen can be avoided and your estate can be disbursed according to your specific desires.
Who Needs a Will in Texas?
Attorneys who are experienced with handling probate concerns advise their clients that anyone who owns property; has money set aside in checking, savings, IRA’s, etc; has minor children; or who merely wants to designate how his or her estate should be divided should have a will. So many problems can be encountered when someone dies without a will and leave loved ones unsure of the exact wishes of the deceased about how their estate should be divided.
Probate Law in Texas
Probate law in Texas is applicable in two major ways when someone dies intestate or without a will: payment of the deceased’s outstanding debt and disposition of the remainder of the deceased’s estate. When such activity is handled by probate lawyers, legal representatives must first determine if the deceased had any type of debt, which must be paid first from any of the estate’s assets. Probate law then allows for the estate’s representative or attorney to dispose of the remainder of the deceased’s estate after all debts have been paid. Property that has not been specifically established by a will as designated for a certain person is considered part of the estate. Attorneys who help handle an estate will see that property is disposed of and disbursed as allowed by law.
Leaving the disposition of estate assets to be handled by probate court does not always allow for the wishes of the deceased or their survivors to be fulfilled. Lawyers who help handle an estate note that serious disagreements over an estate can lead to expensive litigation and extensive delays in the final disposition of an estate.
The Importance of Having A Will
A value of a will that can help families of a deceased easily handle probate in Texas cannot be overemphasized. While estates of a certain value are subject to probate if there is unpaid debt or taxes owed, smaller estates with actual possessions and a will can usually avoid the complete probate process. A validly executed will allows an individual to specify how their estate should be settled, which can happen more quickly than without a will.
When you create a will with the help of skilled wills and probate attorneys, you are able to plan ahead of your death how your estate should be disbursed that can include monetary assets, physical possessions, the care of non-adult children and other dependents, and even the care of pets. Such action leaves little doubt, especially in the eyes of probate court, your specific plans for your estate.
Anyone who has any kind of an estate in Texas should have a will legally prepared, as unplanned events do unfortunately happen. Being prepared can provide peace of mind knowing that loved ones will be cared for when you are gone. By working with experienced probate attorneys, you can plan your will today so that your loved ones can avoid any problems with your estate when you are gone.