Elder Law Attorneys Helping You Plan For The Future

Creating Strong Wills And Estate Plans For Greater Houston Residents

A document expressing how you wish your property to be distributed upon your death is called a last will and testament. A typical disposition of a moderately sized estate can usually be handled with a simple will. Even a person with a small estate can benefit greatly from having a will.

Beyond just naming beneficiaries, this document provides for executors and alternates and may also provide for guardians of minors, tax planners, testamentary trusts and trustees. Every adult who owns property should have this instrument.

Working with a skilled estate planning attorney can help create a solid will that will accomplish all these goals. At Wright Abshire, Attorneys, A Professional Corporation, we represent clients throughout Harris and Fayette counties as they navigate their estate planning journey, starting with their wills.

Legal Guidance For Complex Wills

If you need tax planning or if you have particular needs or circumstances to address, we can draft a will that is right for you, including, as appropriate, bypass trusts, disclaimer trusts, contingent trusts and special needs trusts. Additionally, your estate, if large enough, may justify the need for family-limited partnerships, life insurance trusts, or a regular gifting plan to take advantage of the annual gift tax exclusion.

Ethical Wills

The Ethical Will is a document that some people utilize in order to leave information to their family regarding their values, who they were as a person, and often historical information that would otherwise be lost. This is a more formal way of leaving family history behind as opposed to information sometimes left in family Bibles. Obviously, this document does not carry the same legal importance as the other instruments. You will need to decide how important it would be to you to preserve this information. There are many inexpensive forms available on the Internet if you wish to create this document on your own.

Regardless of which documents you may want or need, it is important to consider obtaining them before you become incapacitated because then you would no longer have the ability to execute them.

Certified Elder Law Attorneys

Our attorneys are uniquely qualified to provide legal advice and representation in all legal matters relating to Estate Planning, wills and trusts. Wesley E. Wright and Molly Dear Abshire are Certified Elder Law Attorneys (CELAs) by the National Elder Law Foundation. Mr. Wright and Ms. Abshire are also board-certified in estate planning and probate by the Texas Board of Legal Specialization. Also, Mr. Wright is a member of the Special Needs Alliance (SNA), an invitation-only national organization committed to helping people who have family members with special needs. Ms. Abshire is a Fellow of The American College of Trust and Estate Counsel, a professional association consisting of approximately 2,700 lawyers throughout the United States.

Frequently Asked Questions About Wills

We understand that creating a will can be an overwhelming process. You may not have ever considered any or all of the important details that go into a will. It often takes time and consideration to fully draft a will that you’re satisfied with, so it’s natural to have questions. Let us answer the common concerns we get from our clients so you can feel more confident as you write your will.

What happens if someone dies without a will in Texas?

If you die without a will in place, your estate enters a phase known as “intestate.” In this situation, Texas law has outlined who will inherit your property through intestate succession. In most cases, the first person to inherit your estate is your spouse. However, if you do not have a spouse, then your estate will pass down to your children. If you do not have any children, then your estate will go to your parents according to the law. If you have no surviving parents, your estate will go to your siblings. Other relatives may receive your estate if you do not have surviving siblings, but this is the general route an estate goes through in intestate. If you have no surviving family members, the state of Texas will take ownership of your property.

This is why it’s crucial to have a will. With a will ready, you have control over how your estate and all your assets will pass down. You can ensure your loved ones get what you have always meant for them to receive.

Can I revise my will?

Yes. Revising a will is often necessary, as a document made during one time of your life may no longer apply years later. If you have gotten married, had children, gotten divorced, received an inheritance or other major life changes, you should consider revising your will so it reflects your current life and status. The easiest way to do this is to create an entirely new will. Our attorneys can help you organize and draft a will that is valid and up-to-date.

What are the requirements for a will to be enforceable in Texas?

To have a valid and enforceable will in Texas, you need to meet the following criteria:

  • A will must be in writing, either typed or handwritten.
  • A will must be signed by the individual making the will.
  • The individual making the will must be at least 18 years old.
  • The individual making the will must have a “sound mind” and with testamentary intent.
  • A will must be signed by two witnesses who are also at least 18 years old.

Following these steps is crucial to having a valid Texas will. An attorney can help ensure that every one of these requirements is met when creating your will.

Call For A Consultation With A Houston Wills Attorney

To schedule an appointment to discuss your questions about creating your will, make an appointment by calling us at 713-234-1940 or email us.

Our offices located in Bellaire and Carmine, Texas, are all ground-floor and wheelchair accessible, with accessible parking in front.

We serve clients statewide throughout Texas and work with families in other states who care for elder relatives in Texas. We can make home, hospital and nursing home visits for our clients. Some legal matters may also be handled via telephone consultation.