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Do I need a Will?

(The information listed in the articles below was drafted by the attorneys at Weston & Associates, PLLC and is for informational purposes only and is not to be considered legal advice. The information relates to lawsuits filed in Texas for collection purposes).

Do I need a Will?

This is a very common question and the answer is usually yes for 5 main reasons.

  1. With a will you have the power to decide who gets your money or property. Without a will the State of Texas will decide for you.
  2. You have the power to name who will be the executor or executrix of your estate. This is the person who will be in charge of transferring all of your property to your beneficiaries. Without a will a judge will decide.
  3. With a will you can declare that your executor serve independently of the court and without being forced to pay a bond. Otherwise, your executor may be forced to put up money
  4. If you have children who are under the age of 18, a will is absolutely necessary because you have the power to nominate a guardian and decide who will take care of your children. Without a will, a judge will decide who is going to look after your children.
  5. If you have children who are under the age of 18, you need a will that automatically sets up a trust with restrictions. If your child is under age 18, he/she is not old enough to inherit property under Texas law. A trust can be used to hold the property and any insurance which is left to them. Without this trust, the inheritance will most likely have to be held in a guardianship which is generally very expensive. Additionally, when your child turns 18, he/she will inherit all of the guardianship property, no matter how much it is worth at the time. With a trust you can postpone the receipt of the property until they are more mature.

When obtaining a will we also recommend obtaining a Directive to Physician and Power of Attorney. If you do not have a will or other probate documents drafted and would like to set up an appointment, please contact us at 713-623-4242 or e-mail at mail@westonlegal.com

Weston & Associates, PLLC

3100 Weslayan, Suite 250

Houston, Texas 77027

713.623.4242

mail@westonlegal.com