A Texas Wills Attorney: Securing Your Legacy

It can be overwhelming to think about creating an estate plan. Many people know that they should have a will but do not understand all of the reasons why. At Reekie Law PLLC, our firm’s founder is passionate about helping families in The Woodlands and throughout the Houston area.

Our attorney, Jennifer Reekie, has dedicated her legal career and practice to providing legal services to families, including helping them create comprehensive estate plans. With an extensive background in contract drafting and reviewing, she applies that knowledge to will drafting. A well-drafted will ensures that your wishes are protected, your inheritance questions are resolved and your legacy is secure for future generations.

Why Do You Need A Will?

No matter the size of your wealth portfolio, a will lets you decide how your property will be distributed when you die. Without a will, your property has to be distributed according to Texas laws. In other words, the probate courts will direct who gets what as directed by law.

Most wills identify an executor or a person you want to be in charge of distributing your assets and carrying out your wishes when you die. With a will, you can also name a guardian for your minor children. You can also outline your wishes for your funeral and burial. If you own property, have investments or have minor children, then you need a will.

What Happens If You Die Without A Will?

When someone dies without a will in Texas, they are said to have died “intestate.” When this happens, the state’s laws determine how the deceased’s assets are distributed. The probate court will follow a strict order of kinship to determine who inherits your property. Generally, the surviving spouse and children are first in line to inherit. If there is no spouse or children, then parents, siblings and more distant relatives may inherit. This process can be complicated and time-consuming, especially if there are disputes among family members.

Drafting A Valid Will In Texas

In order for a will to be legally valid in Texas, there are several conditions that must be met. These include:

• The person creating the will must have a testamentary capacity.
• The will must be in writing.
• The will must be signed by the person making the will or by someone in their presence who is signing on their behalf, at their direction, if they cannot sign it themselves.
• The will must be witnessed and signed in the presence of the testator by two credible witnesses who are at least 14 years of age or older.

These requirements ensure that the will is authentic and reflects the true intentions of the person making it. If these requirements aren’t met, a court could deem the will invalid.

Understanding Testamentary Capacity

Testamentary capacity refers to the legal requirement that a person must be of sound mind when they sign their will. In Texas, this means the person must understand they are signing a document that will transfer their property to specific people when they die. They must understand the effect of signing the will, know what property they own and know who their family members are. This is important because if a person lacks testamentary capacity, their will can be challenged in court.

What Does An Executor Do?

An executor is responsible for carrying out the instructions in a will. After a person dies, the executor petitions the court to probate the will. This means proving to the court that the will is valid. The executor identifies and inventories the deceased’s assets, pays debts and taxes, and distributes the remaining assets to the beneficiaries named in the will. The executor must act in the best interest of the estate and follow the law.

Choosing An Executor For Your Will

Choosing an executor is an important decision. This person will manage your estate, so you should choose someone you trust. A spouse, adult child, other relative or close friend are common choices. You can also name a bank or trust company to act as executor. Consider the person’s organizational skills, trustworthiness and willingness to take on the responsibility. Also, it’s a good idea to name a backup executor in case your first choice is unable or unwilling to serve.

Why Choose Us To Draft Your Will?

At Reekie Law PLLC, we take the time to get to know you and understand your goals. We will explain your options and help you make the best decisions for your family. We will draft a will that accurately reflects your wishes and complies with Texas law. With our attorney’s considerable contract review experience, we can help solve inheritance questions, making the will less likely to be challenged. We will also help you with other important estate planning documents to ensure that you have a comprehensive estate plan. This includes creating trusts, drafting powers of attorney, writing medical directives and preparing any other documents needed to protect your wishes and preserve your legacy.

Schedule A Consultation With A Houston Wills Attorney

Our Houston wills lawyer is available by appointment to answer your questions and discuss your options further. To schedule an initial consultation, you can call us at 832-940-7555 or send a message through our website. We look forward to helping you take the steps to preserve your legacy today.