Reasons to Draft a Will

Many people view estate planning and drafting a will as unnecessary; they believe that the law provides that upon their death everything will simply pass to their closest living heir.  While this may be true in some circumstances, it is always better, and usually cheaper, to prepare a plan so that you know that your estate will be distributed as you wish. 

Dying intestate (without a will) in Texas will usually require a more lengthy probate process to determine all of the estate's assets as well as any beneficiaries.  For example, a male in Texas who dies intestate would require the court perform an heirship proceeding to determine if he had any unknown children, which would be the first in line to inherit.  This requires the court to appoint an attorney to research this, the cost of which is ultimately born by the estate.  Having a will, however, would allow this person to determine who they wanted to leave their estate to while "disinheriting" any unknown heirs.

There are a number of ways having a knowledgeable attorney help plan your estate can save your estate, and loved ones, time, money and grief.  Specifically, wills can:

Make distribution of assets easier - A will can list specifically which assets you own, and to whom you wish to bequeath those assets, helping avoid a drawn out process that is administered by the court or its representative.

Name a guardian for your children - Without specifically naming a guardian, this most important of decisions would be left up to the state.

Limit fighting among family members - A properly drafted will is much less likely to be challenged by surviving family members than is a an estate that is being probated without a will. 

There are many other ways in which wills and planning can help you and your heirs.  As the size of the estate increases, additional planning can help reduce the tax burden that will be placed on the heirs, as well as help transition family owned businesses and enterprises.