Will Category Archives — Houston Estate Planning and Elder Law Attorney Blog Published by Houston, Texas Estate Planning and Elder Lawyers

What Are Essential Estate Planning Documents for Texans?

Published on: October 19, 2021 | By McCulloch & Miller, PLLC

There is a common misconception amongst lower- and middle-class families that estate planning is only for the wealthy. They assume if they do not have many assets—if any—to give to loved ones, there is no point in having a will in place. However, this is not the case. Everyone should draft an estate plan, regardless of their financial or family situation. There are multiple documents that should be included in an estate plan in order to remove a family’s stress in navigating life after a person’s death.

A Last Will and Testament

A last will and testament, or a will, is the most important estate planning document a person can have. A will explains how assets should be handled after a person passes away. The will should also state who should be given the assets—these individuals are called beneficiaries. If all assets are not being left to the same person, the document should clearly state who is receiving what assets and property. Additionally, the will should name an individual to administer the estate; this person is called the executor of the will. If the drafter of the will has any minor children, it is also important to name a guardian for their children. This limits the potential for disputes, where family is fighting over who is the legal guardian of the child.

4 Steps for Writing Your Will in Houston

Published on: October 15, 2021 | By McCulloch & Miller, PLLC

Whether you are young or old, married or unmarried, parenting or childfree, you need a will. A will is a basic courtesy to the loved ones left behind after someone’s passing. Even for people with minimal assets, a will is an appropriate Houston estate planning tool to ensure that any final wishes will be honored and to ease the burden on family and friends of making final arrangements.

Moreover, in Texas, when someone dies without a will, the state decides who gets the deceased individual’s assets, with zero regard to what may be obvious personal preferences. The operation of this law has led to countless unfortunate outcomes, such as estranged spouses getting the entirety of an estate that should have gone to the deceased spouse’s children.

For these reasons, it is important to write and then maintain an updated will from the time one enters adulthood. Fortunately, writing a will need not be a complicated nor burdensome process. For many people, a basic will drafted online or with a lawyer at an affordable rate will suffice.

Estate Planning for Texas Couples Without Children

Published on: August 26, 2021 | By McCulloch & Miller, PLLC

“Do I need a will if I don’t have children?” The answer to this frequently Googled question might surprise you.

Indeed, married couples who do not have any children often think that there is no good reason to have a will in place. They mistakenly assume that a will is not necessary since there is no need to determine how any assets would be divided among children. Instead, these couples rest easy under the mistaken assumption that their property will always go to their spouse in the event of their death.

In reality, Houston couples who do not have children should still have a will in place.

The Nuts and Bolts of Effective Estate Planning

Published on: August 10, 2021 | By McCulloch & Miller, PLLC

Planning your estate and the management of your assets after you pass away can be an uncomfortable and overwhelming process, however, it does not need to be as complicated as you may expect. Once an effective estate plan is in order, you and your family members can rest easy knowing that your wishes will be honored and that unnecessary conflict, expense, and taxation can be avoided. Taking certain steps now in planning your estate will prevent complications down the road.

Before setting up any trusts or even drafting a will, people interested in making an estate plan can gather most of the needed documents on their own, in order to streamline the process going forward. Important documents include property deeds, insurance contact information, vehicle titles, marriage and birth certificates, and financial account information. These documents should be stored in a safe and easy-to-find place for loved ones to access later.

Most Important Estate Planning Documents

Why Texas Common Law Marriage Matters in Probate Court

Published on: August 5, 2021 | By McCulloch & Miller, PLLC

Probate is the process by which the courts oversee the distribution of people’s assets after their death. For loved ones, probate can be an extremely difficult experience involving countless administrative requirements, and it is often rife with family conflict.

There are many steps that people can take, however, to help their loved ones avoid probate court disputes. Chief among these steps is careful estate planning. But other factors can also impact the probate court experience. For example, whether someone dies with or without a will, their decision to marry—or not to marry—can carry significant consequences in probate court.

In a decision earlier this summer, a Texas court considered a probate dispute in which a woman claimed rights to her recently deceased partner’s assets based on their alleged common-law marriage. The deceased man’s children—whom the couple did not share—claimed that they were not married. Because the man had died without a will, whether the couple had a common-law marriage was critical to how his assets would be distributed.

Why You Need a Professionally Written Will in Texas

Published on: July 27, 2021 | By McCulloch & Miller, PLLC

“I leave everything I own to my grandson.”

The above statement seems to leave no room for confusion. Whomever wrote it seemingly wished to leave his belongings to his grandchild, and no one else. But one court thought differently earlier this year. The case underscores the importance of having a will professionally drafted to ensure your final wishes will be respected.

Holographic Wills Can Have Large Consequences

Key Differences Between Wills and Trusts in a Houston Estate Plan

Published on: July 8, 2021 | By McCulloch & Miller, PLLC

The recent increase in unexpected deaths as a result of the Covid-19 pandemic has brought the issue of estate planning to the front of many people’s minds. In planning for the end of their life, asset holders may be confused by the various tools that may be used to divide their estate. Wills and trusts are both estate planning instruments that are used to protect assets and ensure that they are transferred to heirs as a benefactor desires. Wills and trusts are different from one another. Depending on the circumstances and desires of a benefactor, a will or a trust, or both may be appropriate tools for planning their estate.

Last Will and Testament Basics

Wills are the most common and widely understood methods for distributing an estate upon a family member’s death. A will is a written document that expresses the desires of a deceased person. A will only becomes active upon the death of its creator. Wills may include directives about funeral plans or other end-of-life issues besides property division. If a deceased person has minor children in their sole custody, a will can be used to assign guardianship of the children to another party. Absent a guardianship provision in a will, state courts will be responsible for choosing the legal guardian(s) of a deceased person. If a deceased person does not have a will, their minor children are at risk of being placed in the care of someone who they would not wish to assume legal guardianship of the children.

What Is a No-Contest Clause in a Texas Estate Plan?

Published on: April 27, 2021 | By McCulloch & Miller, PLLC

For many Texans, the thought of their family members fighting after their death because of the contents of their will is something they cannot bear. In many cases, this fighting can lead to a family member contesting the validity of the person’s will. One solution to this potential issue is to include a no-contest clause within a person’s Last Will and Testament. A no-contest clause provides for the disinheritance of an heir if they challenge the validity of the will. Because there are details specific to a no-contest clause, along with the ability to contest a no-contest clause, Texans should be aware of the purpose and effect of a no-contest clause before incorporating it into their estate plan.

What is a No-Contest Clause?

A no-contest clause prohibits beneficiaries of the will from challenging its terms. In the will, the no-contest clause will state that if a beneficiary contests the will and loses this challenge, the beneficiary will receive nothing. This greatly disincentives people from contesting the will if they are merely unhappy with the terms of the will. Instead, beneficiaries are likely to only challenge the will if malfeasance or manipulation occurred. However, if a beneficiary challenges the will and is successful, the no-contest clause would be voided along with the will.

The Dangers of Handwritten Wills and the Importance of Diligent Preparation in Texas Estate Plan

Published on: March 22, 2021 | By McCulloch & Miller, PLLC

Because people craft Houston estate plans during different parts of their life, their situation may change, prompting them to change a portion of the will. Whether this is due to a divorce or the birth of a child, Texans often make changes to their estate plan. However, when this is done in hasty or improper ways, like writing a new will on a napkin, courts will often not recognize these improper revisions. Because of this—and to reduce expensive court battles—individuals need to diligently prepare and take the proper steps to change their estate plan.

After the passing of renowned journalist Larry King, the battle over his estate shows the necessity of modifying an estate plan correctly and not creating a handwritten will to replace it last-minute. According to a recent news report, because King and his wife were living apart—and a divorce pending—one of his children sought to become a special administrator of his father’s estate, although King’s will named his wife as the executor. Additionally, the son points to a handwritten will dated two months after King filed for divorce in 2019, which states he wanted all of his assets to be divided equally amongst his five children, and this should replace all previous writings. However, this will be a lengthy legal battle, as California, where King resided, has very specific requirements for a handwritten will to be deemed valid.

What Makes a Handwritten Will Valid?

Should You Draft Your Texas Estate Plan Yourself?

Published on: January 4, 2021 | By McCulloch & Miller, PLLC

When people start to think about the Houston estate planning process, they often think about doing it themselves. Either because of cost or other reasons, they believe this to be a better option than hiring an estate planning attorney. These estate plans, nicknamed DIY estate plans, are often riddled with mistakes and can be extremely expensive to fix. In fact, it is often far cheaper to hire an estate planning attorney to draft the plan first than to create a DIY estate plan that ultimately cannot be executed. Below are some common questions individuals have when debating whether to create an estate plan themselves, or to contact an experienced estate planning attorney.

What if I Have a Straightforward Situation?

People often assume they only need to hire an estate planning if they have millions of dollars in assets or have a complicated familial situation. However, these are not the only people that can benefit from utilizing an estate planning attorney because there is no such thing as a straightforward situation. Not surprisingly, every person and their loved ones are unique, so their estate plan needs to be unique too. DIY estate planning websites do not ask very specific questions about the client, instead just inquiring about their relatives and who they would want to care for their minor children if they were to pass away. This does not delve into the questions necessary to create an appropriate estate plan.