Trusted Legal Solutions for Wills, Trusts, and Estate Planning

Most Texans recognize the importance of writing a will, but many make the mistake of putting it off until an emergency arises or it is too late. In other instances, individuals may be unaware of the benefits that trusts can offer to them and their beneficiaries.

If you have been considering the option of writing a will or want more information about the legal advantages of establishing a trust, contact Palmer Law Group today. A qualified legal professional from our team will readily respond to your questions and outline the options that align with your needs.

If I Die Without Leaving a Will, Does My Spouse Inherit All My Assets?

A common misconception is that all assets automatically transfer to a spouse upon the death of a person without a will. Unfortunately, this is not always true, and failing to write a last will or create a comprehensive estate plan could leave your spouse in a financial crisis as your estate is divided under the state’s intestate laws.

Community Property

Under Texas estate law, your share of community property, also called marital property, is generally inherited by a surviving spouse. Any property obtained by either spouse during the marriage is considered community property.

Separate Property

Separate property includes any assets that you brought into the marriage. Intestacy laws dictate that your spouse will receive a share of the life estate and one-third share of your separate personal property. Your children are then entitled to inherit the remaining two-thirds of your separate property.

Children From a Previous Relationship

In cases where an individual has children from a previous relationship, the spouse will inherit their half of the community property per state law. However, the children will inherit your half of the community property and all of the deceased’s separate property.

No Children

When the deceased has no children, the spouse may inherit all or half of the separate property, depending on whether the deceased’s parents are still living.

Does Having a Will Help My Family Avoid the Probate Process?

A will serves as a foundational piece of a comprehensive estate plan. However, it does not necessarily help your family avoid probate altogether. Under Texas law, your will must still go through probate court. Having a will can ensure that your intended beneficiaries receive their rightful assets without court intervention.

A key element of any will is selecting a reliable executor who will handle your estate administration once you are gone. The executor will carry out your final wishes as to who should receive your assets, pay estate taxes and debts, and deal with any other legal issues that may arise.

What are the Legal Requirements for a Will to Be Valid in Texas?

Texas law sets specific requirements that must be met for a will to be considered valid. Legal requirements, including the will, must be in writing and signed by the testator (the person creating the will) or signed by someone else authorized to do so on their behalf.

Other legal requirements for a formal will include:

• The will must also be signed by two witnesses who are at least 14 years old and not named as beneficiaries
• The witnesses must be present when the testator signs the will. The witnesses must also sign the will in the testator’s presence

If the testator writes a holographic will, it must be entirely in their handwriting with no typed portions and does not require the signature of any witnesses.

Regardless of the type of will the testator creates, they must be at least 18 years old and of sound mind. There are, however, exceptions for those who are married or in the military. The testator must also have created the will without being subject to undue influence or under duress.

Any will that you write should provide detailed instructions as to how your assets should be distributed and appoint a guardian for your minor children should you pass away.

Contact our Katy, Texas Wills Lawyers to Help You Get Started on Protecting Your Loved Ones

Palmer Law Group has extensive experience drafting wills and assisting clients on their estate planning journey. One of the easiest ways to protect your loved ones and ensure that they receive the assets you want them to have is to write a will detailing your final wishes.

When you come to us for help, we can help you write a will that provides for your family’s future after your death. If you would like to know more about our estate planning services, contact our Katy, TX law office today at (713) 766-5848 to schedule a consultation to learn how we can assist you.