THE WILL

What is a Will?

WHAT IS A WILL?
A Will is a legal document that dictates how your property will be distributed upon your death. Because this document is so important and can affect so many people, the Laws of Texas are very detailed and exact regarding how a Will must be created in order to be valid. At the end of the day, a Will is simply a piece of paper. But, at the same time it is more than that – it represents your wishes and desires and serves as your link to the world of the living after you have passed.

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CAN I WRITE MY OWN WILL?
Yes. Indeed, with few exceptions, non-lawyers can do anything a lawyer can so long as they are representing merely themselves. That said, drafting a valid Will is not a simple task, and even the simplest mistake can render the home-made Will worthless. In light of the consequences of a mistake, it is always advisable to have an attorney draft your Will or, at the very least, review your attempt in order to see if any mistakes were made.

It is also worth keeping in mind that the service an attorney provides extends far beyond the mere drafting of the Will. The attorney will be able to make suggestions and point out options that would never occur to someone who doesn’t deal with these issues on a daily basis.

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WHAT IF I DIE WITHOUT A WILL?
Without a Will or some other legal method to transfer your property when you die, state law will determine what happens to your property. And, if no relatives can be found to inherit your property, it will go into the coffers of the State of Texas. Also, in the absence of Estate Planning, a court will determine who cares for your young children and their property if the other parent is unavailable or unfit.

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HOW CAN I CHANGE MY WILL?
Wills are changed through an instrument known as a Codicil. Throughout your life, your Will will undoubtedly need to be changed now and then. An attorney can make these changes very inexpensively.

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