Making a Will in Texas
A will, or a “last will and testament,” can protect your family, your loved ones and your property. You can use a will to leave your property to other people or organizations, name a guardian to assist your minor children, name a person to manage your property, and name an executor (the person who makes sure that your wills terms are followed). A will is a helpful instrument but it is not as powerful as trust. We recommend trusts to designate how, when and why someone receives your property. However, we do construct wills at your request.
What Are the Requirements For a Will in Texas?
To finalize your will in Texas, you must sign your will in front of two witnesses, and your witnesses must sign your will. You do not need to have your will notarized to make it legal. However, you are allowed to make your will “self-proving.” A “self-proving” will speeds up the probate process because contact with the witnesses isn’t needed.
What Happens If I Die Without a Will?
In Texas, if you die without a will, the state will distribute your property depending on the “intestacy” laws. Texas intestacy laws grants your property to your closest relatives, starting with your spouse and children. The list continues with distant relatives, including siblings, grandparents, aunts, uncles, and cousins, and even your spouse’s relatives. The state will take your property if the list is exhausted.
Do I Need a Lawyer to Make a Will?
No. You do not need a lawyer to make a will. With our constructed wills below, you can choose and make the process stress-free. However, you may want to contact a lawyer in some situations. We can help you decide when it’s appropriate to seek a lawyer’s advice.
Wills & Documents
LAST WILL AND TESTAMENT
Legal declaration which names the person(s) who will manage his or her estate and provides for the distribution of property at death. Please note that a couple will have to do two wills.
Will, Durable Power of Attorney, Medical Power of Attorney, HIPAA, Living Will
2 Wills, 2 Durable Power of Attorneys, 2 Medical Power of Attorneys, 2 HIPAAs, and 2 Living Wills
Durable Power of Attorney
A Durable Power of Attorney, also known as a Financial Power of Attorney, gives power to the person of your choosing to make financial decisions on your behalf
Medical Power of Attorney
A Medical Power of Attorney gives power to the person or authority of your choosing to make medical decisions on your behalf.
Directive to Physician (Living Will)
A Living Will is a document which gives the power to an individual to determine whether or not a person wants to continue or discontinue life sustaining treatment.
A HIPAA is a document which gives the person of your choosing the right to receive medical records on your behalf.
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