To execute a valid will in Texas, specific requirements must be met. If these conditions to execute a valid will are not met, the document will not be enforceable later. A Sugar Land wills lawyer can help you create a valid document that thoroughly outlines your desired directives for your estate. By working with a qualified trust and estates attorney from Romano & Sumner, you can rest assured that your plans are reflecting your expectations.
While it is not mandatory to enact a will in the state of Texas, it is highly advisable a person does so. In the absence of a will, which is also known as passing away intestate, state procedure would have to determine how the individual’s assets are going to be administered upon their death. A Sugar Land attorney can discuss someone’s estate goals and create a will that includes provisions for their assets and honors their deepest wishes, instead of leaving it up to the courts to decide.
When someone creates a will, there are some common provisions that are essential to include. Naturally, a person’s will should include thorough and detailed provisions for the disbursement of their assets upon their death and specify to whom those assets will be distributed. If the individual has minor children, they may wish to appoint someone as guardian, as well as designate a substitute, in the event of their early death.
The will should also indicate who will execute the individual’s estate upon their death. Any executor named by the testator should be a legal adult and usually cannot be a convicted felon. The executor should also be of mental competency to carry out the administration of the individual’s estate.
There are several vital criteria that a will must meet in order to be held as valid. First of all, the testator must be married, 18 or older, or serving in the military to create an enforceable will. The testator should mentally competent, or the will could be contested later on. A Sugar Land legal professional can help ensure someone meets the criteria needed to create a valid and enforceable will.
Every state has specific laws regarding the types of wills that are accepted as enforceable. In the state of Texas, a will must be either attested or holographic to be held as binding. An attested will is when the testator puts their signature to or instructs someone to sign in front of them. To be considered attested, two disinterested witnesses must put their signature to the will in front of the testator.
A holographic will is one that the testator writes by hand. Provided that the testator creates the will in their hand, the document would be enforceable. The testator can also usually alter their will or create a new one down the line if circumstances change.
A Sugar Land wills lawyer can answer your questions about establishing a legal will as well as other vital estate planning documents. An attorney can help you create a will that meets the legal factors for enforceability and details your instructions for the distribution of your assets, the care of your loved ones, and other vital provisions. Call to discuss all your estate questions and concerns with Romano & Sumner today.
Romano & Sumner – Sugar Land, TX Attorneys