What is a will? A will is a written document that explains who receives your assets after your death. Here at Barrera and Associates, we specialize in estate planning with our clients ensuring a will is made for your personal items.
Why Should I Create a Will With a Probate Attorney in McAllen?
There are about 50-60% of Americans who have not constructed a will meaning their friends and family may not have their properties and other valuable possessions once they’re deceased. A death in ‘intestate’, (without a will), allows for the state’s laws of descent and distribution to determine who receives the property of the deceased by default.
A state’s plan many times will reflect the legislature’s guess of how most people would dispose of their estates and creates built-in protections for certain beneficiaries, most often for their children.
How Many Will Types Exist in Texas?
In Texas, there are currently 2 types of wills that are admissible in probate court:
- The attested or formal will, which is in writing and has two or more witnesses
- The holographic will, which is only done in the testator’s handwriting and signed by the testator.
There are issues that come with holographic wills such as illegible handwriting, fraudulent activity, failure to dispose of all properties, or failure to fully understand policies and terms of creating a will. For the most accurate and acceptable will to be made it’s best to create an attested or formal will. This also will help avoid litigation as holographic wills are easier to challenge.
What Happens if I Do or Do Not Assemble a Will?
- DO NOT: In the state of Texas, this interstate succession law will immediately distribute assets to your closest relatives if the will has not been assembled.
- DO: Creating a will alters the state’s default plan for the benefit of the deceased individual’s personal preferences. Allowing you to exercise control over a multitude of personal decisions that broad and general state preselected options of provisions cannot address.
Steps to Constructing a Will With a Probate Attorney in McAllen
- Decide Who Will Become Heir to Your Possessions
- Construct Your Will with One of Our Law Specialists
- Sign Will with a Witness, and Ensure Will is Stored Safely
- Choose Who Handles Estate and Becomes Guardian to Your Children
- Decide What Possessions and Property You Want to be Included in Your Will
Can Someone Contest Against My Written Will?
It’s possible to contest a will after a loved one’s passing. To avoid litigation, the state of Texas has a no-contest clause which works as a double-edge sword in some cases. The beneficiary can lose all assets they are expected to inherit, unless they are “willfully challenged” by the courts.
Constructing a will does not have to be an intricate process, we can create an easy and safe way to transfer your life’s assets.
Why Choose our Probate Attorneys in McAllen?
For any of your personal matters we have experienced and attentive law experts that can make all the difference. Your legal case can be life-changing, big or small we work hard to protect all client’s rights and give them the best possible law services. Choose the legal representation that fights for you.
Contact Barrera Sanchez and Associates Today
Contact our probate attorneys in McAllen for guidance on where to start first. Call (956) 287-7555 or send us a message online for legal representation that you can’t beat.