Making a plan to ensure that your wishes come true after your death can be as simple as drafting a will. The requirements to create a will in Sugar Land are not complex, but it is essential that the document clearly states your intentions. An unclear will can result in parties refusing the role of executor, distributees fighting over property, or debts being inefficiently paid.
Any of these scenarios could significantly delay the probate process. It is important to understand the common issues with estate planning in Sugar Land to avoid these roadblocks and effectively secure your family’s future. Our experienced attorneys can help to identify potential problems in the planning process and ensure that they do not negatively impact your goals.
In Sugar Land, anyone who is over the age of 18 and of sound mind may create a will that outlines their wishes after they pass. However, the written form of the will must contain certain elements, or it may face issues in Sugar Land probate court down the line.
According to the Texas Estates Code § 251.051, a testator must sign the will personally or order another person to sign it on their behalf in their presence. Additionally, two other parties must witness the signing of the will and sign the document themselves in the presence of the testator. A well-informed lawyer can help Sugar Land residents to create wills and other testamentary documents that meet these legal requirements.
Even before a person drafts their will, they may find it useful to take stock of their assets and liabilities. This helps them to understand their financial situation and prevents future estate planning issues when distributing those assets.
This process is especially vital to prevent ambiguities in the will. When this occurs, the interested parties must attempt to prove the will and the testator’s intent through witness testimony or other writings and evidence
A court may declare a will to be invalid for a variety of reasons. In many cases, parties who would have been eligible for inheritance without the will may question the document’s validity. A typical example of this is if a will specifically disinherits a child. To avoid this issue, it is important for a testator to make clear statements of their intent to disinherit or provide property to certain parties in the estate planning process. A skilled attorney in the area can help ensure that a person’s stated intentions leave no room for confusion.
A comprehensive estate plan can secure the future of your family and heirs. However, disputes may arise and could leave your wishes invalid if you do not seek legal guidance when creating your testamentary documents.
An unclear statement as to the distribution of property or the disinheriting of a presumptive heir could lead to legal battles over the estate in probate. Work with a dedicated lawyer at Romano & Sumner to avoid these common issues with estate planning in Sugar Land. Call our firm today to schedule an initial strategy meeting.
Romano & Sumner, PLLC