December 04, 2023

FAQs about Texas Wills and Estate Planning

Understanding the intricacies of estate planning, including wills and trusts in Texas, is vital for safeguarding your future and that of your loved ones. At Villeda Law Group, located in the heart of McAllen, Texas, we navigate you through these complex legal terrains. Here, we address some frequently asked questions about estate planning in Texas, ensuring clarity and guidance for your peace of mind.

1. What is Estate Planning?

Estate planning involves creating legal documents to manage and distribute your assets after your death or incapacity, ensuring your wishes are honored.

2. What is a will and why is it important?

A will is a legal document that outlines how you want your assets distributed upon your death. It also designates an executor, the person responsible for carrying out the terms of your will. A will is crucial for ensuring that your assets pass to your intended beneficiaries, avoiding the complexities and delays of intestate succession (when a person dies without a will).

Texas recognizes two primary types of wills:

• Holographic wills: These handwritten wills must be entirely in the testator’s (will maker’s) handwriting and signed and dated.
• Attested wills: These typed or handwritten wills require the signatures of two witnesses and the testator.

Regardless of your wealth, a will is essential for every adult. Even if you have minimal assets, a will provides direction for distributing your possessions and ensures that your minor children are cared for by your chosen guardians.

Witnesses should be individuals of sound mind, at least 14 years old, and not named beneficiaries in the will. They should observe the testator signing the will and sign an attestation clause confirming their witnessing.

Reviewing your will periodically is essential to ensure it aligns with your current circumstances and wishes. Significant life changes, such as marriage, birth of children, or changes in asset ownership, warrant a will review.

3. How Does a Trust Differ from a Will?

Trusts manage assets during your lifetime and after death, often bypassing probate. Wills in Texas only become effective upon death.

4. Do I Need an Estate Planning Attorney?

Yes, an estate planning attorney ensures your estate plan is legally sound and accurately reflects your wishes, especially in complex situations.

5. What is Probate?

Probate is the legal process of validating a will and distributing assets. It can be time-consuming and costly.

6. Can Estate Planning Avoid Probate?

Proper planning, like setting up trusts, can help your estate avoid the probate process.

7. Is it Necessary to Update My Estate Plan?

Yes. Changes in life circumstances like marriage, divorce, or asset changes necessitate updating your estate plan.

8. What Happens If I Die Without a Will in Texas?

Dying without a will (intestate) means Texas laws will determine the distribution of your assets, which may not align with your personal wishes.

9. How Can I Ensure My Healthcare Wishes are Respected?

An advance healthcare directive, part of your estate plan, specifies your healthcare wishes if you can’t communicate them yourself.

10. What are the Duties of an Executor?

The executor administers your estate, including paying debts and distributing assets as per your will.

11. Can I Disinherit a Family Member in Texas?

Yes, but certain restrictions apply, especially regarding spouses and minor children.

12. How Does Divorce Affect My Estate Plan?

Divorce can significantly impact your estate plan, necessitating updates to beneficiaries and power of attorney designations.

13. Can a Will Be Challenged in Texas?

Yes, under circumstances like undue influence or lack of testamentary capacity.

14. Are Digital Assets Included in Estate Planning?

Yes, digital assets like social media accounts and digital currencies should be included in your estate plan.

15. Why Choose Villeda Law Group for Estate Planning?

Estate planning is more than a legal task; it’s a critical step in securing your legacy and safeguarding the future of your loved ones. This is where Villeda Law Group steps in. Our seasoned estate planning attorneys in McAllen, Texas, focus on providing comprehensive and personalized legal solutions that resonate with your unique life circumstances.

At Villeda Law Group, we understand that estate planning is deeply personal. Whether it’s drafting wills in Texas, establishing trusts, or creating advanced healthcare directives, our approach is always tailored to your specific needs. Our attorneys are well-versed in the nuances of Texas estate law, ensuring that your estate plan is not only robust and compliant but also reflective of your wishes.

Our commitment extends beyond basic legal services. We believe in building lasting relationships with our clients, offering ongoing guidance and support as life changes occur. Be it updating your will after a life milestone or adjusting your trust for optimal asset protection, our team is here to assist.

In essence, it’s not just about planning for the unforeseeable future; it’s about taking proactive steps today to protect what matters most to you. With Villeda Law Group, you’re not just getting legal services; you’re gaining a trusted ally in safeguarding your legacy. Reach out to us for a consultation and take the first step towards securing your future.