| Why should I have a will? |
Response: If you do not have a valid will at the time of your death, any property that you might have at that time will be distributed in accordance with the Texas Probate Code and may not be distributed as you would have wished.
| I have heard much about a Living Trust, how does that vary from a will? |
Response: A Living Trust is a means of having your assets placed in such a manner that you do not personally own any of them anymore but they now would belong to the Trust. However, the cost of the Trust can be even more than a will and the probate of that will. Additionally, the laws pertaining to trusts in the state of Texas are quite strict and you would be required to provide an annual report on that trust as well as the possible tax ramifications of the trust itself. For most people, a will is much more advisable.
| I have some family members who are doing quite well on their own, do I have to leave them anything in my will? |
Response: No, your will is for you to distribute your assets as you wish.
| Is a probate a very involved matter? |
Response: Most probates in Texas are relatively simple to pursue, but certain legal requirements are necessary in order to complete the matters of the estate properly. This usually will consist of only one trip to the courthouse on the part of the client in order to receive the necessary documents to conduct the business of the estate, but after that, the remaining requirements can very likely be met with the assistance of the attorney’s office.
| Who is supposed to be the person who makes sure that my directions in my will are performed and accomplished as I have directed? |
Response: In most instances, the person named in the will as the Executor or Executrix is the one who will do this. In the visit to the courthouse mentioned previously, the person named as the Executor or Executrix or a person named as an alternate for such position will be appointed to that position by the Probate Judge and the proper documentation for the person to do so will be obtained at that time. From that point forward, the Executor or Executrix will conduct the business of the estate including the payment of debts and distribution of assets as expressed by the deceased person in their will.