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      • Maggie Bercasio
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Experienced Wills Attorney in New Braunfels

Helping Clients Provide a Brighter Future for Their Loved Ones

If you are ready to begin estate planning, consider protecting your family’s future by passing on a legacy of generosity and goodness through creating a will. Most people understand that having a will in their estate plan is critical. However, many people fail to create legally valid wills, which can cause a great deal of stress and heartache for your family after you pass on.

Don’t risk your family’s future by ignoring the necessity of a will in your estate plan. When you call our estate planning law firm, you can get excellent advice regarding the proper documents for Texas estate plans. We can also help you navigate the probate process and provide other transactional services. Contact our legal team for the legal counsel and asset protection you need by calling 210-775-0353 immediately.

How Does Having a Will Protect My Family During Estate Administration?

A last will is foundational for many Texas estate plans. Individuals hoping to provide for their family’s future should start with creating a will. A will accomplishes many tasks, including indicating how you want the inheritance passed on to your loved ones. A will also is used to name the people who will fulfill crucial roles during your estate administration, such as the executor and guardian of any minor children.

Additionally, you may go a step further and look into legacy planning during the estate planning process. Legacy planning refers to leaving behind wisdom for your own family. You can utilize videos, written messages, and other means of showing who you are and what your life was all about.

Take the time now to talk with our estate planning attorney about the legal estate planning process. A little bit of time now can ensure your wishes are known and that the unique needs of your loved ones are met.

What Are the Different Types of Wills in Texas?

Individuals who die without a will, also known as intestate, may leave their loved ones with no access to needed funds. The Texas statute will control who gets the estate in the absence of a will, regardless of any evidence of your wishes about what happens to your belongings after your death. Even if the statute provides for the same people that you would choose or you really don’t care who gets your money, the process without a will is much more expensive and time consuming. The extra expense of probating an intestate estate could be easily avoided with a will or some other type of estate plan. Sometimes the entire intestate estate is forfeited to the State of Texas because the expense of probate outweighs the value of the estate property. With a will, you can ensure your wishes are known and followed.

One way to accomplish a smooth and inexpensive transition is by selecting a unique form of will with the help of your estate planning attorney. Some examples of forms of wills that can be useful in Texas estate plans include:

  • Attested will – These wills are the most common form of will. They are in writing and signed by the testator in the view of two competent witnesses and a notary
  • Holographic will – These wills are more challenging to validate as they are handwritten and may not have been signed in the presence of witnesses. However, they are often considered legally valid in Texas. In the case of an emergency, a holographic will can be better than no will at all. Wills that are written on napkins or even on farm equipment have been accepted into probate.
  • Joint will – A shared will with the individual’s spouse or partner. These are not recommended for several reasons
  • Testamentary trust will – This will creates a trust within the will that takes effect only when the creator dies
  • Pour Over Will – this will is created at the time the individual is also creating a living trust. The will simply states that if the individual dies with any property still in his or her name, the property all goes into the trust.

How Can An Estate Planning Attorney Help Me with Will Creation?

Creating a will can be stressful, as thinking about your own death might not be a fun way to spend your time. However, with a New Braunfels estate planning attorney, you can rest assured that the process will go as quickly and smoothly as possible. A good estate planning attorney will ask questions to determine the best options for you and will be familiar with all the nuances and requirements of Texas law that may not be obvious to anyone who hasn’t studied wills in Texas.

Your lawyer can help by:

  • Advising you on the type of will that best meets your needs
  • Crafting a will that includes the specific information you need to protect your family’s future
  • Making sure all legal requirements are met so that the will cannot be declared invalid
  • Including all critical assets in the will in such a way that leaves room for payment of creditors and estate administration expenses
  • Providing for special needs loved ones and others who require special attention
  • Recommending that your Will provides for a guardian for your minor children, creates a contingent trust in case at least one of your children is still a minor when you die, and names alternates in case that first choice guardian is disqualified or unable to serve
  • Using words in the will that are specific enough so that no ambiguity exists, yet flexible enough to cover many possible future events
  • Recommending other documents that you should consider signing at the same time as your will, such as powers of attorney
  • Modifying the will when major family changes occur, such as divorce, remarriage, death, and birth of heirs
  • Helping your loved ones manage your estate and navigate probate after your death

Should You Hire Our Wills Attorney – New Braunfels?

If you want to prepare the best estate plan and avoid unnecessary legal issues, please contact South TX Family Law’s compassionate, skilled legal team to assist you. We are prepared to serve you throughout the planning and administration process. We promise to treat you and your loved ones with respect as we discuss your options and navigate any conflict.

If you live in New Braunfels or Comal County, then chances are that the proper place to probate your will is going to be at the courthouse in New Braunfels. A will should be probated where the decedent lived at the time of death, where the decedent died, or where the decedent owned property. Texas probate law is very strict and leaves little room for the judge to do what seems fair or what the decedent probably wanted if there is no express instruction in a valid will. It makes sense that you will want to hire an attorney who is familiar with New Braunfels local rules and procedures as well as Texas probate law.

We have spent decades preparing thorough estate plans for families and individuals along with probating those wills in New Braunfels, in San Antonio, and all over South and Central Texas. Attorney Laura D. Heard has written a best-selling book on Divorce and Wills in Texas, and the common issues in dividing community property. We know what it takes to handle estates for those preparing for their death or going through the probate process on behalf of a loved one. We will listen to your goals and use our excellent negotiating and drafting skills to find creative solutions that save you money and stress. We are also fully prepared to mediate disputes or go to court on your behalf when necessary.

Call our law firm immediately to learn more about what we can do for you by dialing 210-775-0353.

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