Dallas Probate Attorney | Estate Planning
Lawyer Dallas, Plano, Texas, (TX)
WHAT IS A WILL?
A Will is an instrument by which a person
makes a disposition or gift of his or her property. The
gifts do not take effect until the time of the testator's
death. To be a valid Will, the Will must meet the
requirements and formalities of state law.
WHAT IS A TESTATOR?
The person who makes a Will is called the
Testator, if a man, or the Testatrix, if a woman.
WHAT IS AN EXECUTOR?
The Executor is the person you name to
carry out the directions in your Will after your death.
After your death, the Executor must be appointed by the
Court before he or she can act.
In your Will, you may designate the person you wish for
the Court to appoint as Executor. You may wish to name one
or two successor Executors, to act in the event your first
choice does not or cannot serve.
WHAT IF I WANT TO CANCEL OR CHANGE MY WILL AFTER IT IS
SIGNED?
Do not write on your will or mark through
any words. Even small changes or markings could void the
entire will. If you wish to change your will, we can help
you implement the updates without invalidating your will.
You also may revoke your Will. Under Texas law, there are
only three ways to revoke a Will:
1. By a subsequent writing,
2. By a physical act, or
3. By operation of law.
Like the creation of a Will, the
revocation must strictly comply with state law. If you wish
to cancel or change your Will, you should be as diligent in
seeking legal advice as you were when you created your Will.
WHO WILL GET MY PROPERTY IF I DIE WITHOUT A WILL?
If you die intestate (without making a
Will), you do not get to choose who will receive your
probate assets. The state government decides for you, and
each state's laws are different.
In Texas, if you die intestate, the
persons who inherit from you depend upon whether you are
married or single, whether you have children, and other
factors. It also may depend upon the nature of your
property.
WHO WILL TAKE CARE OF MY PETS AFTER I DIE?
In your Will, you can name the person
(and one or more alternates) you would want to have
ownership and custody of your pets after you die. If you
wish, you can direct your executor to set aside a sum of
money to provide for life-long care of any pets that you own
at the time of your death.
Before you sign your will, be sure to
discuss your plan with the intended owners to make sure they
agree with your wishes. If you do not have a will, your
pets pass under the laws of intestacy as personal property.
I RECENTLY DIVORCED. MY WILL LEAVES EVERYTHING TO MY
FORMER SPOUSE. DO I NEED TO CHANGE MY WILL?
Yes, but you have protection. If a person
divorces after making a will, all provisions in the will in
favor of the former spouse are null and void, unless the
Will expressly states otherwise. However, now that your
former spouse is not a beneficiary, you should review your
Will to determine who will receive your property under your
will.
There Are at Least Five Family Changes Where Updating
Your Will Is Advisable:
1. Birth or adoption of a child or grandchild.
2. Marriage.
3. Divorce (either your own or a family member's).
4. Death or disability of a beneficiary under your
will.
5. Death or disability of your Executor.
WHAT IS PROBATE?
Probate is a court
proceeding in which a Will is proved to be valid or invalid.
The term also means any matter related to the Estate of a
Decedent, whether the person died with or without a Will.
The term probate means to
"prove" the will through a proceeding usually in court.
However, a will does not always exist (or is not available)
and so laws are established in Texas to deal with the
orderly distribution of assets to those who are entitled to
inherit them, generally after being reviewed or monitored by
a judge or other court-appointed person.
WHAT IS INVOLVED IN SETTLING AN ESTATE?
This involves a process which:
Determines what personal property and
real estate (if any) is owned by the deceased person.
Pays any taxes or debts that the
deceased person may owe (including costs of doing
probate), and
Distributes all real and personal
property which remains to the rightful beneficiaries.
All property is said to be
owned by the "estate" of the deceased person and must remain
so until the probate process is complete and the judge or
other court-appointed person says it may be distributed.
HOW LONG DOES IT TAKE TO SETTLE AN
ESTATE IN TEXAS?
The entire probate process
will differ from state to state and the size and complexity
of the "estate." In Texas, small estates may even avoid a
formal probate when the total assets are small in value.
Again, in Texas, the minimum time an estate will likely be
open is probably from two months to a year; possibly more if
the estate requires real property such as a home to be sold
and the buyer to close escrow.
Having a will, alone, does
not mean probate is unnecessary. Although a will might make
the process simpler, probate is still required for assets in
the deceased's name alone.
HOW CAN I PROBATE AN ESTATE?
There are several ways an estate can be
probated. It is best to consult a lawyer to find out which
of the following is best for you.
Independent Administration
Probate of Will as Muniment of
Title
Heirship Proceeding
Small Estate Affidavit
