Houston, TX Wills Attorney

Comprehensive Will Drafting and Estate Planning in Houston, TX

A will is an essential part of almost any estate plan, even if you plan on using a trust. Wills can be used to accomplish some goals that trusts cannot. Those with smaller estates may also find that a will is all that is needed, as most of the fees associated with probate can be avoided in these cases. You should always speak to an attorney before deciding whether to use a will, a trust, or both. It can be hard to determine which type of document would be best for you and your intended beneficiaries.

The Fealy Law Firm, PC is experienced in helping Texans create wills, trusts, and other important estate planning documents. Attorney Vicky Fealy will conduct a complete accounting of your estate property to help you decide how to manage your property posthumously. Many people use both a will and a trust to serve different purposes.

Why Parents of Minor Children Need a Will

A trust can only control your property. To appoint the person you would want to take custody of your children in the unlikely event that you pass away and leave your children without a living parent before they turn 18 years old, you would need to use a will. While a court will still need to review your decision, judges will nearly always honor a parent's choice unless there is a compelling reason to place your children with someone else.

How a Will and a Trust Work Together

Even people who plan to rely on a trust to control their property after they are gone often use a will to supplement the trust. Especially if you have a larger estate, it is easy to overlook an asset when you are placing property in your trust. A will can be used to move any assets left out of the trust during your lifetime into the trust after your death.

Capacity to Create a Will in Texas

When a testator is elderly, proving that he or she has the capacity to create a will may be essential, especially if he or she has been diagnosed with a condition like Alzheimer's or lives in a nursing home. To be able to make a will, a person must understand the effect and purpose of the will, know what types of assets he or she owns, and be aware of who his or her natural heirs would be.

Attorneys may request a note from the testator's doctors or suggest that the testator take a cognitive test in case evidence is needed later. Many will contests are based on questions about the testator's capacity.

Why You Need a Lawyer to Make a Will

In Texas, wills must be executed according to certain formalities. The laws surrounding these formalities are very strict. Missing a single step, or misinterpreting a step, can mean that the entire will is invalid. An attorney can take steps to ensure that every formality is not only met, but can be proven to have been met.

Avoiding Estate Contests

Probate litigation or an estate contest can not only be a hassle for your beneficiaries, it can significantly reduce the gift they ultimately receive. Your lawyer will be able to help you take steps to reduce the chance of a challenge.

For example, did you know that if you leave more to the child who stayed and took care of you in your old age, your other children could accuse him or her of having an undue influence and contest your will? In cases like this, your lawyer might recommend leaving a letter explaining why you chose to favor the child who was loyal to you.

Contact a Fort Bend County, TX Wills Attorney

The Fealy Law Firm, PC is practiced in helping people create airtight wills. Experienced Sugar Land, TX wills attorney Vicky Fealy will take every precaution to make sure that your will can be enforced. Contact us at 713-526-5220 for a complimentary consultation.