Wills and Estates
A will is a fundamental document when it comes to estate planning. While most people are familiar with what a will is, it is important to make sure your will is valid under Texas law and written in a way to ensure your desired goals are accomplished. Texas applies the rule of strict construction, and therefore it is critical to make sure your will is executed with the proper formalities. If certain rules are not followed, you may end up with little more than a few pieces of unenforceable paper that result in unnecessary litigation and turmoil amongst family and friends. Unfortunately, when a will is attacked, the assets in the estate are used to defend the will, often depleting the assets and leaving far less for loved ones. At Koch Law Firm, we help clients draft and implement a will that will distribute the property as they see fit and make sure that it will be enforceable when the time comes.
To help ensure that your will is enforced and that your wishes are carried out, you can name an executor to handle your estate. This provides multiple benefits, including streamlining the probate process. It also allows you to give your executor the power to take other actions without court intervention. By allowing your executor to act independently, it will result in less expenses and your assets can be distributed more quickly.
While most people know that a will can provide for how assets will be distributed, not everyone knows that a will can allow a parent to choose a guardian for a minor child. When creating a will, Koch Law Firm helps you understand what a guardianship entails and how the process works. Choosing a guardian is an important and often overlooked function of a will, and can even allow you to appoint separate guardians for the care of the child and the management of the child’s money. Koch Law Firm can help make sure you get to select the person that you think is best when it comes to caring for your child and will help to avoid future disputes amongst relatives.
Because of the importance of making sure a will meets all the required elements to be effective, we make sure to take time with our clients and explain the process and what to expect. In its simplest form, a will is a legal document that sets out how a person wants his or her property to be distributed after death. The person creating the will (Testator), can give specific items and assets outright, place them in a trust to be given later, or can even leave gifts to charities and organizations. There are different requirements for a will to be effective, and it depends on whether the will is typewritten or handwritten. If typewritten, there is an additional requirement for witnesses to be present and for the testator to sign in the presence of those witnesses. To help with proving some requirements for an effective will, a self-proving affidavit can be included to the end of your will, and it will switch the burden of proof if the validity of the will is ever attacked on the basis of capacity. At Koch Law Firm, we understand the nuances that go into writing an effective will and are here to help with the process.
To get started on your estate planning and to learn more about wills, call the Koch Law Firm for a consultation, and we will begin to immediately assist you with the process. We know that a will can be an uncomfortable topic, but it can save your loved ones from unnecessary grief and heartache in the future, and we are here to make the process as easy as possible. Call us at (469) 328-8376 or fill out one of our contact forms, and we will reach out to you soon.
