Why should I write a will? Why should I have an attorney draft my will—can’t I just write it on a napkin?
The importance of writing a last will and testament cannot be understated. People often assume that if they were to pass away, their estate would automatically pass to their spouse and/or children. Sure, that is sometimes the case. But in the absence of a will, the laws of Texas dictate whom a person’s estate passes to and in what percentages! So, one of the more important reasons to write a will is so that your estate passes to who YOU want it to go to—not who Texas law says it goes to. I often tell clients that writing a will is one of the greatest gifts you can give to your spouse and/or children. It’s an unfortunate fact that when money is involved, even the most cordial family members can disagree. Having a will ensures that your wishes are clearly stated and honored.
Having an attorney draft your will is extremely important and a worthwhile investment. First and foremost, attorneys know what language to put in a will! An experienced attorney knows how to craft fully draft a will so that your wishes are clearly stated and leave no room for error. Second, there are several, preferred formalities that a will should contain. Most notably, a Texas will should provide that the Executor of the estate serve independently and without bond. And, don’t forget about those witnesses! A valid will in Texas needs to be witnessed by two disinterested people.
If you or a loved one are in need of an experienced estate planning attorney to help draft your will or other estate planning documents, please reach out to our team. We would love to work with you and your family. Eric Nelson can be reached at [email protected]