Wills

Wills Attorney in San Antonio

Providing Personalized Legal Counsel for All Your Estate Planning Needs

It is never too early to begin planning for the future. Whether you are young and just starting your career, or you are older and have already built a substantial estate, you need a comprehensive estate plan in place. Having a well-drafted will can help to ensure your wishes are carried out and your loved ones are provided for in the event of your death or incapacitation. At Paul Hardy Law, we understand that every family is unique and that there is no such thing as a one-size-fits-all estate plan. Our San Antonio wills attorney will help you assess your needs and goals and customize a plan that is tailored to your specific situation.

To learn more about how we can help you with your will, call us today at (726) 227-1090 or contact us online. We offer free initial consultations.

Why Do I Need a Will?

A will is a legal document that allows you to dictate how your property will be distributed after your death. If you die without a will, the intestate succession laws of the state of Texas will determine how your property is divided. These laws generally provide that your property will go to your closest living relatives, such as your spouse, children, parents, and siblings, in equal shares. If you have no living relatives, your property will go to the state.

By creating a will, you can ensure that your assets go to the people you want to receive them. This can include anyone you choose, such as your spouse, children, grandchildren, other relatives, friends, or even charities. A will can also allow you to transfer your assets to a living trust or to provide for the care of a pet.

Additionally, a will allows you to name an executor to manage your estate and distribute your property. If you do not name an executor, the probate court will appoint someone to serve in this role. This person may not be someone you would have chosen and may not be the best person to manage your estate.

Finally, a will allows you to name a guardian to care for your minor children in the event of your death. This is an important decision that should not be left to the probate court.

What Is the Difference Between a Will & a Living Trust?

A will and a living trust are both estate planning documents that allow you to transfer your property to your loved ones. However, there are several key differences between these two types of documents.

The major differences between a will and a living trust include:

A will only goes into effect after your death, while a living trust goes into effect as soon as you create it. This means that a living trust can be used to manage your assets if you become incapacitated and unable to do so yourself.
A will must go through the probate process, while a living trust can be transferred to your beneficiaries without the need for court intervention. This can save your loved ones a significant amount of time, money, and stress.
Unlike a will, a living trust allows you to pass on assets such as real estate, bank accounts, and investments without going through probate. This can help your beneficiaries avoid the time and expense of probate court.
Since a will only goes into effect after your death, it does not provide any protection from estate taxes or creditors. A living trust, on the other hand, can be used to reduce estate taxes and protect your assets from creditors.

Overall, a living trust can be a more effective and efficient way to distribute your assets to your loved ones. However, there are some situations in which a will is the better option. Our San Antonio wills attorney can help you determine whether a will, a living trust, or a combination of the two is right for you.

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What Are the Requirements for a Will in Texas?

There are several requirements that a will must meet in order to be valid in Texas. If a will does not meet all of these requirements, it may be declared invalid and your estate may be distributed according to the intestate succession laws.

In Texas, a will must meet the following requirements:

The testator, or the person making the will, must be at least 18 years old and of sound mind. This means that the testator must be able to understand the nature of the will and the effect it will have on his or her property. If the testator is not of sound mind, the will can be challenged in court.
The will must be in writing. A will can be typed or handwritten, but it must be written down on paper. An oral will, or a will that is recorded on video or audio, is not valid in Texas.
The will must be signed by the testator. The testator must sign the will at the end of the document. If the testator is unable to sign the will, he or she can direct someone else to sign the will on his or her behalf. This must be done in the presence of the testator and the person signing the will must be able to witness the testator’s signature.
The will must be witnessed by at least two people. The witnesses must be at least 14 years old and must be able to understand that the document they are witnessing is the testator’s will. The witnesses must sign the will in the presence of the testator.

There are a few exceptions to these requirements. For example, if a will is handwritten and is entirely in the testator’s handwriting, it does not need to be witnessed. Additionally, if a will is not properly signed, it may still be valid if the testator’s signature can be proven in court.

In some cases, a will may be contested by a disgruntled heir or beneficiary. For example, if the will was not properly executed, the will may be declared invalid. Our San Antonio wills attorney can help you create a will that meets all the legal requirements and can help you defend your will in court if it is challenged.

How Can I Change or Revoke My Will?

You can change your will at any time by creating a new will. The new will should include a statement that it revokes all previous wills and codicils. After you have created a new will, you should destroy all copies of the old will to avoid confusion. You should also notify your executor and other interested parties that you have created a new will.

If you want to make a minor change to your will, you can create a codicil. A codicil is a separate document that amends your will. The codicil should be signed and witnessed in the same manner as your will. You should also keep the codicil with your will to ensure that it is not lost or misplaced.

If you want to revoke your will, you can do so by destroying it. You can do this by tearing, burning, or otherwise destroying the will. You should also notify your executor and other interested parties that you have revoked your will.

Finally, you should be aware that a will can be revoked by operation of law. For example, if you get married after you create your will, the will may be revoked. Additionally, a will can be partially revoked if you and your spouse get divorced after you create your will.

Get Started with a Free Consultation Today

At Paul Hardy Law, we understand that every family is unique and that there is no such thing as a one-size-fits-all estate plan. We will work closely with you to understand your needs and goals and customize a plan tailored to your specific situation. Our San Antonio wills attorney will provide you with the personalized legal counsel you need to make informed decisions at every stage of the legal process.

To get started on your will, call us today at (726) 227-1090 to schedule a free consultation.

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