Having an attorney write up the legal proceedings for properly distributing real and personal property of a deceased person can make the process much simpler and ensure it is carried out correctly. This can help bring peace of mind that your final wishes will be honored when the Will is in probate.
Attorneys in Texas will cover all the pertinent issues, specific to the laws in Texas, when drafting Wills. The wishes of the person are outlined in a legal document stating who will be appointed guardian of the decedent’s children and who will receive real and personal property. Without the legal document of a proper Will in Texas, the state will make the decisions on where children will be placed and who will receive property of the estate.
Advantages Of Having A Legal Will In Texas
Legal Wills tell the Texas probate court and beneficiaries of the estate exactly how the decedent wishes his or her property and family should be handled after their death. The written legal document gives specific instructions on all financial matters, property that is owned and the care for the minor children. A formal written Will, drafted by an attorney in Texas, must meet certain requirements in order to be legal.
In order to draft the legal document the testator must be at least 18 years old, serving in the armed forces or be married. A person cannot be forced or deceived to make the legal document. The testator must be of sound mind and body at the time of the writing of the Will, and it must be his or her intent to give the property at the time of death.
Without a valid Will in Texas, the person is known to have died intestate. The person’s property and legal rights to their children will then be left up to the courts in Texas, and the person’s wishes would not be considered. Without the legal document of what the person wishes, there are usually delays in dispersing the property.
Because of the importance of having a legal Will in Texas, it is important to have an experienced Texas probate attorney advise you on drafting such a legal document.