When it comes time to draw up your Last Will and Testament, this task should be taken very seriously. Utilizing the services of a Houston will attorney can ensure that it is done correctly, within the scope of Texas law, and prevent any disputes when it comes time for your will to be execute. The laws on inheritance are complex and vary widely from state to state. Because of this, a professional who is experienced and trained in Texas probate issues should be consulted before drafting such a vital document.
Usually, probate law offers financial terms for your spouse and children. When drafting a will, it’s important to know how these laws will affect how you’d like your assets divided. Consulting with a Houston will attorney can avoid the situation where beneficiaries do not receive what you intend them to because of a lack of legal knowledge when drafting the document. There are also other grounds in which a will can be disputed.
If you are leaving your estate to a minor or minors, other beneficiaries could contest the will because the minor beneficiaries cannot manage the estate that was left to them. Their ability to handle properties may be put in question, and the ruling judge could appoint the estate to someone else. However, if you hire a Houston will attorney, this could be avoided. Setting up a trust may be in order, and there is no one more qualified to do this than your lawyer.
You may think that small errors in the will won’t be a problem. This is a big mistake. Errors in the will could invalidate it and render it useless. That would mean that the regular laws on inheritance will take effect, and your wishes on how to divide your assets may not be carried out.
Additionally, if a will is drafted without an attorney or witnesses present, interested parties can use this as means to contest the will. While it may be unscrupulous, this happens more often than you would think when beneficiaries are unsatisfied with their inheritance. They may use this to claim the testator was mentally incapacitated or coerced, and with no witnesses to refute such a charge a probate judge may not rule that the will is valid.
When it comes to dividing assets among your children, a mistake parents often make is this: Naming one child as beneficiary, trusting that he will divvy assets up among siblings fairly and in accordance with the parents’ wishes. This typically does not work out as hoped. Having your assets specifically divided in your will is the best way to have your wishes honored.
These circumstances are more common than you may think. Wills could be disputed in so many different ways, and it could take a long time before it will be executed. Prevention is better than cure, they say. This is what you should think of. Instead of dealing with problems that could possibly come up, you need to make sure that these problems do not come up at all. By hiring a Houston will attorney, you could avoid such mistakes.