A Houston Will Attorney helps clients plan for the future and ensure their assets are distributed according to their wishes. They can help draft a will, establish powers of attorney, and appoint guardians for minor children. Their services are tailored to each client’s unique circumstances, so they can ensure the best outcome for their families.
A simple will typically range between $250 and $2,500, depending on the experience of the lawyer drafting it. However, if you need a more sophisticated will, it could cost much more.
A legal will can provide you with peace of mind and security. It can direct your assets and property into a trust for later distribution. It can also give you the chance to leave gifts to family and friends, or even charity.
Using an experienced and knowledgeable lawyer is one of the most important things you can do to protect your loved ones and assets. A reputable lawyer will take the time to get to know you and your needs, so they can provide legal counsel in a manner that suits your unique situation.
They can also explain how a will may help you avoid estate taxes and other fees, as well as provide guidance on what to do when the time comes for probate.
Their hourly rates vary, but they are typically billed at $159 to $433 per hour. They will discuss the price with you and answer any questions or concerns you have before beginning the process.
A good Houston will and estate planning lawyer can help you create a document that protects your loved ones and preserves your wealth. Many attorneys will charge a low fee for a basic will, but others will go above and beyond to ensure the document meets all of the requirements for being enforceable in court.
If you have no will and die, your property goes through a process called probate. This is often a stressful and expensive process that leaves your family feeling vulnerable. A will can ensure that your wishes are carried out, and it also prevents the state from making a plan for you that doesn't reflect your true preferences.
In most states, your estate will pass to your surviving spouse if you are married and both own the property. If you're single, your assets will be distributed as per your state's laws. In some states, your heirs may receive a percentage of the estate, while in other states, they will receive the entire amount.
The order of succession in an intestate estate will vary from one state to another, but it typically starts with your spouse and then proceeds to your children and other heirs. The order of succession can also change if you have a blended family, adopted children, or foster children, depending on your state's laws.
You can find more information about how your property is divided if you die intestate by consulting a legal professional. There are a few things to keep in mind, including whether your state is a community property or a separate property state and the way your assets are titled.
Whether you live in a community property or separate property state is important, because your assets will be divided differently. In community property states, if you are married and both own the estate, your spouse will receive an intestate share of it. In separate property states, your heirs will receive an intestate share of it unless the state has a specific law that specifies otherwise.
Your spouse will inherit your first $50,000 of personal property, then half the remaining balance of your estate. The rest will be divided among your children, in equal shares.
It's a good idea to consider how your property would be divided if you died intestate and decide whether to make a will in advance or wait until you reach the age of majority (the earliest you can be married) before doing so. If you have children, it's also a good idea to name a guardian for them in case you die before they reach the age of majority, since a court will decide who is in charge of their care.
If you die intestate and don't name a guardian for your children, your spouse will have to petition the courts to name one. Your spouse will also have to prove that you had a duty to protect your children, so be sure to include this information in your will.
An experienced attorney can help you prepare a will and guide you through the process. It's also a good idea to consult a financial planner or accountant who can provide additional information on how to create an estate plan that suits your needs and goals.
Movies, television shows, and books often make the process of making a will seem dramatic and exciting. However, in reality, there are many legal considerations that go into creating a valid will.
Depending on your state, you may be able to write a will on your own or use a service that combines all the necessary legal requirements into one document.
A will is valid as long as it meets the following three basic requirements: The person making the will (the testator) is of sound mind, the will is signed, and it is witnessed. Some states have additional requirements, but these are rare.
The testator must be at least 18 years old and be legally competent to understand the document they are signing. This means that they are aware of the contents of their will and understand how it affects their property.
They must also be able to sign their name and date the will. If they are unable to do so, they can have another person or persons sign the will on their behalf. This should be done in front of witnesses, usually, two adults who know them well.
If the person making the will is a minor, they can have a guardian named to care for them and manage their property. They should also name an executor who will oversee the distribution of their assets upon death.
In addition to these three basic requirements, a will must also be self-proving. This means that the will must be accompanied by witness testimony in order for it to be admitted to probate. In most cases, this testimony comes in the form of an affidavit, which must be filed with the Register of Wills in your local county.
Whether your will is self-proving or not, you should review it regularly to make sure it still remains valid. This is especially true if there are major life events that you need to update the wording of your will.
You may wish to change your will if you marry, divorce, or have a new child. You might also want to add a medical directive or a power of attorney, which can give your executor the ability to handle important matters if you become physically or mentally incapacitated.
Wills are rarely challenged in court, but if they are, the person contesting it must prove that they were unable to execute the will on their own. This is referred to as falling under "undue influence."
The challenger must also be able to show that the will was forged or a result of fraud or coercion by someone else. It is also common for wills to be challenged when the testator's signature is illegible or a forged signature was used.
The Law Office of Whitney L. Thompson, PLLC
4201 Farm to Market 1960 Rd W Suite 320, Box #116B, Houston, TX 77068, United States
(281) 214-0173