Fabens, TX Wills Lawyer
Don’t Put Off Creating A Will! At Villegas Law Firm, We Can Customize Your Wishes & Cement Your Legacy.
Making a will is one of those safety measures that everyone knows they probably should do, but many people procrastinate. It’s understandable that life gets busy, and thinking about dying is not fun for anyone, but if something unexpected does happen to you, and you don’t have a will, you could leave your family in a very difficult situation!
Having an attorney-drafted will can:
- Ensure that your wishes are honored
- Prevent fighting amongst family members
- Transfer the right assets to the right beneficiaries
- Give you, not the state, control over the inheritance you’re leaving behind
- Lay out your wishes for medical care
- And more!
Our lead Fabens wills lawyer, Jorge Villegas, has the experience and knowledge necessary to give you and your loved ones peace of mind for whatever the future holds. Call the firm today to schedule a free consultation.
Without A Will: Texas Intestacy Laws
If you pass without a will (or valid will) in the state of Texas, your assets (only the ones that are subject to probate, though) will go to your closest living relative.
If you pass and…
- Have children, but no spouse – children inherit everything (split equally)
- Have a spouse, but no children, parents, or siblings – spouse inherits everything
- Have parents or siblings but no children or spouse – parents or siblings inherit everything
- Have a spouse and children with that spouse – spouse inherits all of your community property (acquired during the marriage), one-third of your separate personal property, and the right to use your shared primary home for life, as well as one-third of any other remaining real estate, and children inherit everything else
- Have a spouse and children from another relationship – spouse only inherits half of your community property as well as the assets listed above, and the children inherit everything else
- Have a spouse and parents – spouse inherits all of your community and separate property, and one-half of any other separate real estate, and your parents inherit everything else
- Have one parent and siblings but no spouse – parent inherits one-half, and the siblings share the other one-half equally among themselves
- Have a spouse and siblings, but no parents – spouse inherits all of your community and separate property, and one-half of any other separate real estate, and your siblings inherit everything else
As you can see, some of these rules may put your family in a very strange predicament, depending on your dynamics. For example, take the second to last intestacy rule mentioned above; imagine you have a sibling who lives on the other side of the country and who you usually don’t speak to, and they have a gambling problem. If you pass away, your aging surviving parent who you have provided for only gets half of your estate, and your sibling gets the whole other half?
To avoid situations like these, work with our Fabens wills lawyer to stay in control of what will happen, rather than letting these intestacy rules play out!
Types Of Wills
There are many types of wills that serve distinct purposes. Which type of will you should have depends on your situation, but we commonly draft the following:
- Testamentary will – This is a traditional will, which lists the people you want to inherit your money, property, and possessions (who gets what) and may also include instructions about your funeral
- Joint will – This is the combined testamentary wills of two people, usually spouses
- Living will – This is not a “will” in the way people typically think of wills; it is actually a document that outlines your preferences for medical care in the event you are no longer able to make decisions. This type of will can go into effect while you are still alive, while most of the other types on this list don’t take effect until your death.
- Pour-over will – This is a will which transfers all property and assets to a trust upon your death
Don’t Take A DIY Approach
Many people are tempted to bypass the time and cost it takes to work with a lawyer, and attempt to make a will themselves. They use online (non-legal) services, or they find information online about how to make the most basic type of will possible on their own. This is a mistake! People who “DIY” wills are more likely to have them invalidated completely when it comes time for them to be used, and their families will end up spending more money in the process than had they just worked with a lawyer in the first place. Here’s why that is:
- Online information may not be accurate at all, or up to date with the most recent state laws – Anyone can post anything online; it doesn’t mean that it qualifies as legal advice! Even if you are fairly sure it is from a reputable source, you may not be able to tell the last time that information was updated, and it may not be specific to Texas or to Fabens. Our Fabens wills lawyer can help you make sure your will is actually valid!
- Online information isn’t personalized to your unique needs – Your life, and your family, and your financial situation, are unique! A template isn’t able to take all of those needs or any special circumstances into account in order to maximize the inheritance you are planning on leaving behind; our firm can, and will!
Why Choose Our Fabens Wills Lawyer To Help You?
Attorney Jorge Villegas is a Certified Public Accountant with over 15 years of legal experience as well as financial experience. He can give you an advantage when it comes to protecting your assets and minimizing taxes! Rely on him to draft a personalized will that is tailored to your family’s needs and that will secure a strong legacy. Call now for a free consultation.