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Wills Attorney in Houston, Texas

A will is a vital estate planning tool that you can use to set forth specific instructions concerning how your estate and property should be managed or distributed when you die. You can name a personal representative to administer your estate, a legal guardian to cater to your minor children and make suitable provisions for your surviving loved ones using your will. However, it is important to ensure that the will is legal and valid to avoid possible issues when you’re gone. 

If you need help drafting your will or estate plan, consulting with a seasoned Texas estate planning attorney is extremely beneficial. With over 25 years of experience, our attorneys at Webb & Associates are committed to advising and guiding clients in all legal matters of wills and estate planning. Our trusted legal team can tell you the importance of having a will and direct you through the legal procedures involved in drafting a valid last will and testament.  

Webb & Associates proudly serves clients across Houston, Texas, and the surrounding areas of Sugar Land, Brazoria County, Katy, Galveston County, Cypress, Waller County, Fort Bend County, and Harris County.   

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Overview of Wills 

A will or last will and testament is a legal document allowing a person to provide certain instructions in advance regarding how their estate, assets, property, and money should be administered, disposed of, or distributed to surviving family members and descendants when they’re gone. Conversely, if a person dies without creating a valid will in Texas (dying intestate), their estate will be administered using the state’s intestate succession laws. 

Requirements of a Valid Will in Texas 

For a will to be valid in Texas, it must meet the following requirements:  

  • The testator must have the legal capacity – to be of sound mind and memory.  

  • The will must be in writing or in physical form.  

  • The testator must be at least 18 years.  

  • The testator must make the will voluntarily and freely.   

  • The will must be properly signed and witnessed.                

A knowledgeable attorney can inform you about some commonly inherited assets and walk you through the legal procedures when drafting a valid will in the state. 

Commonly Inherited Assets 

Here are some commonly inherited assets that you are allowed to include in your last will and testament:  

  • Motor vehicles  

  • Land  

  • Personal belongings and household items  

  • Trusts and shares  

  • House or any other real estate property  

  • Cash  

  • Money in a bank account  

  • Pension or life insurance payout  

  • Money to pay outstanding debt  

  • Stocks, bonds, and mutual funds  

  • Other physical possessions, personal property, and assets 

Content of the Will 

Here are some vital elements of a will in Texas:   

  • Details about assets and property distribution  

  • Details of inheritors –beneficiaries and heirs  

  • Details of any Trusts  

  • Gifts and donation requests  

  • Guardianship wishes for minor children  

  • Names of personal representatives or executors  

  • Adequate financial planning to avoid inheritance tax liability  

  • Burial and funeral arrangements    

If you need proper guidance when creating your will, you need to speak with an experienced estate planning attorney as soon as possible. Your legal counsel can describe the different types of wills and help you make informed decisions when drafting your will. 

Types of Wills 

The different types of wills that are recognized under Texas law include – holographic and attested wills. 

Holographic Will 

A holographic will is a last will and testament with its content completely written in the testator’s handwriting. Also, the holographic will must be signed by the testator. However, the will doesn’t have to be witnessed in order to be valid. 

Attested Will 

An attested or formal will is a last will and testament that is drafted and prepared by an experienced estate planning lawyer on behalf of the testator. The testator must properly sign the attested will. Also, the will must be witnessed by at least two non-interested parties.  

Generally, attested wills are the most reliable and effective type of will in the state of Texas. However, nuncupative or oral wills are not considered valid in the state. 

Why Having a Will Is Important 

Having a last will and testament can help you achieve the following:  

  • Allows you to leave specific instructions regarding how your estate and assets should be administered.  

  • Protect your assets, family members, interests, and life investments.  

  • Allows you to make donations and gifts.  

  • Reduces estate, inheritance, and state taxes.  

  • Allows you to name a personal representative to administer your estate.  

  • Allows you to name a legal guardian for your minor children.  

  • Helps reduce disputes between your surviving family members during estate administration.  

  • Helps your surviving family members and estate avoid extended probate proceedings.  

  • Helps avoid creditor issues and frivolous lawsuits.  

  • Ensures that you do not die intestate (dying without a will). Thus, preventing intestacy succession.    

A reliable lawyer can evaluate your circumstances and help you establish a legal and valid last will and testament. 

Work With an Experienced Estate Planning Attorney

Drafting a will in Texas involves several complex processes and paperwork. In addition, it is important to ensure that your will is valid and meets all procedural requirements. Therefore, when creating your will, working with an experienced estate planning attorney is imperative to understand your possible legal options and for proper guidance.  

At Webb & Associates, we enjoy providing trusted advocacy and personalized legal counsel to clients in estate planning and will-related matters. Our reliable legal team can work to understand your situation and determine the ideal option for your unique needs. In addition, we can help draft your will and other estate planning documents and ensure that they’re all valid. 

Wills Attorney Serving Houston, Texas 

If you need assistance drawing up your will or estate plan, contact us at Webb & Associates today to arrange an initial consultation. Our dedicated lawyer can help create your will and work intelligently to address your estate planning needs and concerns. We proudly serve clients throughout Houston, Sugar Land, Brazoria County, Katy, Galveston County, Cypress, Waller County, Fort Bend County, and Harris County, Texas.