Why You Should Make a Will

Creating a will is one of the most important steps in securing your family’s future. Unfortunately, many individuals put off this essential task, believing they have more time or that the process is too complex. However, without a will or other estate planning, your estate may largely be distributed according to Texas intestacy laws, potentially causing unintended consequences for your loved ones.

As a Houston estate planning lawyer serving Harris County, Leigh B. Meineke helps clients understand the importance of making a will and the peace of mind it offers. Below are several reasons why you should take action today to draft a will and protect your estate. To discuss the matter further or get started today drafting or revising a will in Harris County, Texas, contact Leigh B. Meineke Law Firm to speak with a skilled and experienced Houston estate planning attorney.

Ensure Your Assets Are Distributed According to Your Wishes

Without a valid will, the Texas intestacy laws will dictate how your property is divided after your death. These laws follow a specific formula, prioritizing spouses, children, and other close relatives, eventually reaching more distant relatives if needed. However, this distribution may not reflect your true wishes.

For example, if you are married with children, your spouse may not inherit all of your property. Instead, under Texas law, a portion of your estate could be divided between your spouse and children, potentially leading to complications. Intestacy laws also don’t provide gifts to charities or allow for bequests of certain pieces of property to certain people. By creating a will, you have the power to dictate how your assets are distributed, ensuring that they go to the people or causes that matter most to you.

Appoint a Guardian for Your Minor Children

For parents with minor children, a will is critical for appointing a guardian in the event of your death. Without a will, the court will make this decision, often after a stressful or contentious guardianship proceeding, which could lead to a guardian you might not have chosen. By naming a guardian in your will, you can ensure your children are raised by someone you trust, giving you peace of mind that their future will be in good hands.

Choosing a guardian is one of the most important decisions a parent can make, and it allows you to plan for your children’s emotional and financial well-being. Without these arrangements in place, the court system will have to decide for you, which could create additional stress for your loved ones during an already difficult time.

Reduce Family Conflict

Family disputes over inheritance are not uncommon, and they can lead to prolonged legal battles and strained relationships. If you die without a will, your family may face confusion over who should inherit specific assets or how the estate should be divided.

Having a legally binding will helps eliminate this uncertainty by providing clear instructions on the distribution of your estate. By clarifying your wishes, you can help minimize the potential for disputes, making it easier for your family to honor your legacy without conflict. In many cases, a will helps prevent hurt feelings and misunderstandings among family members, keeping relationships intact.

Choose an Executor to Administer Your Estate

An executor is the person you appoint to manage the administration of your estate after your death. This individual will be responsible for tasks such as gathering your assets, paying debts, and distributing property to your beneficiaries.

When you create a will, you have the opportunity to choose a trusted person to serve as your executor. This role requires significant responsibility, so it is important to select someone capable of handling financial and legal matters. Without a will, the court will appoint an executor, who may not have your best interests at heart or be fully committed to performing these thankless tasks.

By naming an executor in your will, you can ensure your estate is managed by a trusted individual efficiently and in accordance with your instructions.

Plan for Charitable Giving

If you have charitable organizations or causes that you care about, a will allows you to leave a lasting legacy through donations. Without a will, these charitable contributions may not be realized. Including charitable giving in your estate plan ensures that part of your wealth is directed toward causes you are passionate about.

A Houston estate planning attorney can help you structure your charitable gifts to maximize the impact of your donations while potentially reducing estate taxes.

Simplify the Probate Process

Although probate is typically required whether you have a will or not, having a will can simplify the process. Probate is the legal process of validating a will and administering the deceased’s estate. A properly drafted will can streamline this process by providing clear instructions on how your estate should be handled.

If you die without a will, your estate will still go through probate, but the process may be more complicated, time-consuming, expensive, and potentially litigious. The probate court will need to determine who is entitled to your assets, which can lead to delays and additional costs for your family. By having a will in place, you reduce the burden on your loved ones and ensure the probate process proceeds more smoothly.

Avoid Unintended Consequences

Many people mistakenly assume that their property will automatically go to their spouse or children without a will. However, Texas intestacy laws do not always align with personal preferences, particularly in situations involving blended families, unmarried partners, or estranged relatives.

For instance, if you are unmarried but have a long-term partner, that individual may not receive anything from your estate under Texas law unless you specify it in a will. Similarly, if you have children from a previous marriage, the division of your estate could become complex without proper planning.

A will allows you to address these unique circumstances the way you want, ensuring that your wishes are carried out and that your loved ones are provided for according to your desires.

Contact Leigh B. Meineke Law Firm in Houston for Help With Estate Planning in Harris County

Drafting a will is a crucial part of any estate plan, and it should not be delayed. Whether you want to ensure your assets are distributed according to your wishes, appoint a guardian for your children, or support charitable causes, a will is the best way to achieve your goals.

At the Leigh B. Meineke Law Firm in Houston, we help clients create comprehensive wills that protect their assets and loved ones. Contact our office today by calling 832-706-0244 to schedule a consultation and take the first step toward securing your family’s future.