When thinking about estate planning, and specifically about wills, many Texans incorrectly assume this is solely the domain of the wealthy. A will directs the distribution of property at death; under this logic, presumably those with limited property think they need not worry about how it will be distributed. This is a mistake.
Regardless of how much or how little property someone has, a will gives that person control over what happens to this property.
What Happens if I Don't Have a Will?
Without a will, state intestacy laws govern the distribution of property. With these laws, Texas lawmakers have attempted to craft laws that mimic the general decisions someone might make about property distribution. For example, under current laws, if an unmarried person dies without a will, that individual's property first goes to any children. If the deceased person does not have any children, the property may go to parents or siblings, depending on the particular situation.
However, in an era of increasingly complex family structures, the default Texas intestacy laws simply cannot account for the diversity of familial arrangements and personal preferences. For one person, stepchildren may take precedence over siblings when distributing property; for another, the reverse may be true. A properly crafted will ensures that each person can make the best decisions for his or her circumstances.
A Will Must Conform to Texas Laws
Of course, it is not sufficient to simply create a will - the will must be properly drafted in accordance with state laws. If the will does not comply with strict state drafting requirements and formalistic procedures, it may be invalid and Texas intestacy laws may replace the will.
To ensure proper drafting, it is important to work with a knowledgeable Texas estate planning lawyer. In addition to preparing a will that will comply with technical requirements, an experienced attorney can ensure that all possible scenarios are properly considered and addressed in the will. Speak with a lawyer today to discuss your personal circumstances and how you can protect your family and loved ones through effective estate planning.
