Will Drafting and Will Execution Services
Like all other states, Texas law provides an individual with the ability to decide how their property is to be dealt with after they are gone and to select the people to whom it will be transferred. This right is exercised primarily through the creation and execution of what is called a last will and testament, which is more popularly known as a will. If you already know to whom you want leave your property, then you should consider consulting with an estate planning attorney about how you can legally arrange for its disposition through a validly written and executed will.
One might naturally think that the right to leave their property to whomever they wish is a fundamental right, just like the right to “life, liberty and property”. However, people may be surprised to learn that this is not inherent right granted under the U.S. Constitution, but rather is a limited right granted primarily by statutes passed by the Texas Legislature. As a result, if wants to leave their property to another through a will, then will must be drafted and executed so that strictly conforms with with the rules and specifications that the legislature decided upon when it passed these laws. If a person makes a mistake that causes a will to not conform with these laws, then that person risks losing the right to choose how their property is to be distributed after they die.
When a person dies without a will, or their will is rejected by the probate court after they die, then their property will be distributed according to a default system set forth by the Texas legislature that is often referred to as the laws of “intestate succession”. When the legislature passed these laws no will inheritance laws, it is as if, in a sense, they wrote a will for you, and guessed as to how you would like your estate settled and to whom you would want your property to be transferred.
The laws governing intestate distribution can often be counterintuitive, especially in complex family circumstances. However, even under simple family arrangements, people can end up surprised by who inherits under the laws of intestate succession. To opt out of of these default plan, a person must either write a will or arrange for their property to automatically transfer upon their death through instruments such as a transfer on death deed or a payable on death “POD” bank account. However, the will only recognize automatic transfers for certain types of property. Alternatively, by writing a legally valid will, you can avoid having your property distributed according the laws of intestate succession and instead can decide for yourself how your property will be distributed after you are gone. With careful planning and execution, a lawyer can will help you accomplish this by properly drafting a last will and testament that both fully complies with Texas law and also provides for the legal transfer of your property in accordance with your wishes.
Even if you wish to leave property to persons who inherit under the laws intestate succession, you should still consider leaving your property to these individuals through a valid will rather than having your property pass through intestate succession. Often transferring property through a will can be more efficient and less costly than having than by transferring property through intestate succession. By creating a properly drafted will that complies with all legal requirements, an attorney can help you to:
- Effectively provide for the transfer your assets and property to the person(s) or organizations to whom you want to leave it.
- Minimize the risk of potential estate taxes being imposed upon the value of your property.
- Lower the cost to probate the estate and reduce the risk that later complications will arise during the process of administering, settling, and distributing your estate.
Contact the Law Offices of Joseph E. Seiler to schedule a free one-half hour strategy session
If you live in Northwest Harris County area or along the U.S 290 Corridor in Jersey Village, Cypress, Tomball, Brenham, or Waller, Texas and you are interested in making your will or planning your estate, then please contact the Law Offices of Joseph E. Seiler to schedule a free one-half hour strategy consultation. To schedule your free strategy session, please message us on our contact page or call us at (713) 343-1450.
State Bar of Texas
Texas Supreme Court
All Texas Appellate Courts
United State Federal Court for the Southern District of Texas
Houston Bar Association
Northwest Houston Bar Association
You will receive focused personal attention and speak directly with Mr. Seiler. Our attorney communicates promptly with each client, treats them with empathy, and is eager to help them with their legal needs. Through knowledgable and diligent representation, Mr. Seiler works to protect his client’s rights as he assists them with their legal needs. To schedule a free consultation with Mr. Seiler, please call (713) 343-1450.
Phone: (713) 343-1450
Fax: (713) 957-2076
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