Drafting a Will in Houston

Writing a will is the first step in estate planning for many in Houston. It is certainly not the only estate planning document a person needs, but it can form the basis for a more extensive plan. A will gives you a chance to express your desires about asset distribution – and other crucial decisions – to your heirs and beneficiaries.

At Elliott Estate Law, PLLC, I have extensive experience helping people set up wills and other estate planning documents they need in Texas. I am John Elliott, and I am a Houston-based, board-certified estate planning attorney, a classification I have held for more than a decade. Compassionate, experienced and committed to putting my clients’ best interests first, I am the first person you should call when you are thinking of drafting a will.

Potential Benefits of Having a Will In Texas

When someone passes away without a will, it is known as dying intestate. The downside here is that asset distribution and other decisions will be made per state law. Drafting a will gives you the chance to make these decisions yourself or with family members. Some of the other key benefits of drafting this will include:

• Reducing the tax liability on the estate
• Specifying which beneficiaries should get certain items
• Dividing items that don’t have much financial value, such as family heirlooms
• Reducing the odds of an estate dispute

Essentially, drafting a will just helps you avoid unintended consequences and make key decisions for your family. As you begin to create the rest of your estate plan around this initial will, you may do other things like making medical decisions in advance or setting up a guardianship for a child with special needs.

Frequently Asked Questions About Wills

It is normal to have questions about making an estate plan, and I am happy to provide answers to help you get this process started:

What Is the Difference Between a Will and a Living Will?

Both can be an important part of an estate plan, but they have a different focus. With a living will, you make medical decisions in case you are incapacitated in the future. With a standard will, you make decisions about how assets are going to be passed to your beneficiaries.

Can I Change or Update My Will After It Has Been Created?

Yes, you can make updates to your estate plan after it has been created, and it is important to do periodic reviews. Some people will do a review on a set schedule, such as going over their estate plan annually. Others will make updates after important events in their lives that may impact how the plan is written, such as marriage, divorce, the birth of a child or grandchild, a diagnosis with a serious medical condition and much more.

Can I Disinherit Someone in My Will? What Are the Potential Consequences?

Yes, you can disinherit someone. You do not need to leave anyone an inheritance, but it can be wise to include a specific clause stating your wishes if you are removing a beneficiary who was previously in your will or a direct family member, such as an adult child. This is because disinheriting someone increases the odds of an estate dispute. But if you make it clear in your will that this is what you intended to do, it lowers the odds of that dispute.

How Do I Ensure That My Will Is Valid and Legally Binding?

Your will generally needs to be in writing, whether it is handwritten or typed, and it needs to be signed by you as the testator. You also need to have two witnesses who are at least 14 years old and can also sign the document, showing that it is valid and that you signed it of your own free will.

It is best to draft the estate plan early so there are no questions about lack of testamentary capacity or similar concerns. Having your will notarized can be very helpful in establishing validity, and is often recommended, though it is not a legal requirement under Texas law.

Contact My Firm Today

Everyone has unique needs based on their specific family situation, their income level, their medical history and many other relevant factors. To get started drafting your Houston will today, taking all of this and more into account, please get in touch with me at (281) 990-1990. You can also contact me via email to set up your consultation.