Best Will & Testament Lawyers in Houston

About Will & Testament Law in Houston, United States

A Will and Testament is a legal document that outlines how your assets, property, and personal belongings will be distributed after your death. In Houston, Texas, Wills are governed under state law and must follow certain requirements to be considered valid. This document is especially important for ensuring that your wishes are respected and that your loved ones are taken care of in accordance with your preferences. A Will can also appoint guardians for minor children and detail other wishes related to your estate.

Why You May Need a Lawyer

While it is possible to create a Will on your own, many people seek legal advice to ensure that it is valid and comprehensive. Common situations in which a lawyer's assistance may be necessary include:

• Ensuring that your Will complies with Texas legal requirements.
• Having a complex estate, such as owning multiple properties, businesses, or investments.
• Desiring to minimize estate taxes and avoid probate complications.
• Wanting to set up trusts for minor children, relatives with disabilities, or charitable causes.
• Wishing to prevent potential challenges to your Will from family members or others.
• Changing or updating an existing Will after significant life events, such as divorce, marriage, or the birth of a child.

A lawyer can guide you through the process and help prevent costly mistakes that could invalidate your Will or lead to unintended consequences.

Local Laws Overview

Houston, as part of the state of Texas, follows specific statutes regarding Wills and Testaments. Key aspects of local laws include:

• Legal Age: The person creating the Will (the testator) must be at least 18 years old, or lawfully married or a member of the armed forces.
• Mental Capacity: The testator must be of sound mind and understand the nature and effect of the Will.
• Written and Signed: Wills in Texas generally must be in writing. They can be typed (attested Wills) or handwritten (holographic Wills). The testator must sign the Will.
• Witnesses: For attested Wills, at least two credible witnesses over the age of 14 must sign the Will in the presence of the testator.
• Self-Proved Wills: A Will can be made "self-proved" with a notarized affidavit, making it easier to admit to probate after death.
• Probate Process: After death, the Will typically goes through probate court in Harris County, where it is validated and the estate is distributed.
• Intestacy Laws: If a person dies without a valid Will, Texas intestacy laws dictate how assets are distributed among surviving relatives.

Failure to comply with these requirements can result in an invalid Will or distribution of assets in a way that does not match your intentions.

Frequently Asked Questions

What makes a Will valid in Houston, Texas?

A valid Will must be created by a person 18 or older (or otherwise legally qualified), be of sound mind, be in writing, be signed by the testator, and be signed by at least two credible witnesses (unless it is a handwritten Will).

Can I write my own Will in Texas?

Yes, Texas recognizes handwritten, or holographic, Wills. These do not require witnesses but must be written entirely in the testator’s handwriting and signed.

Do I need to notarize my Will?

Notarization is not required for a Will to be valid, but a self-proving affidavit with notarization can help streamline the probate process.

What happens if I die without a Will?

If you die without a valid Will, your estate will be distributed according to Texas intestacy laws, which may not reflect your personal wishes.

Is probate always required for a Will?

Most Wills go through probate in Harris County. However, some assets, such as jointly owned property and accounts with designated beneficiaries, may not require probate.

Can I change my Will after it’s been signed?

Yes, you can amend your Will using a codicil (a supplement to the Will) or by creating a new Will. It is important to follow the same legal requirements for changes.

Who can be a witness to my Will?

Witnesses must be at least 14 years old and credible. It is recommended that beneficiaries not serve as witnesses to avoid challenges to the Will.

Can I disinherit someone in my Will?

Yes, you can disinherit most individuals except your spouse, who may have certain rights under Texas law. Children can be disinherited if clearly stated in the Will.

What is a living Will and how is it different?

A living Will, known as an advance directive, provides instructions about medical care if you become incapacitated. It is separate from a last Will and Testament, which deals with asset distribution after death.

How much does it cost to make a Will in Houston?

Costs vary based on complexity. Simple Wills may cost a few hundred dollars with an attorney, while complex estates or trust arrangements may be more expensive. Some may choose to draft their own for little to no cost, but legal guidance is advised.

Additional Resources

For those seeking further help with Wills and Testaments in Houston, the following resources may be useful:

• Harris County Probate Courts: Local court information, forms, and guidance for the probate process.
• State Bar of Texas: Public information on estate planning, attorney directories, and legal resources.
• Legal Aid Organizations: Houston Volunteer Lawyers and Lone Star Legal Aid provide assistance for those who qualify.
• TexasLawHelp.org: Free information and forms about Wills, probate, and estate planning.

Next Steps

If you think you need legal assistance regarding your Will and Testament in Houston, consider the following steps:

• Review your personal and financial situation to determine your estate planning needs.
• Gather information about your assets, debts, and family structure.
• Contact a reputable estate planning attorney in Houston for a consultation to discuss your wishes and ensure your Will meets all Texas legal requirements.
• Consider updating your Will after major life events such as marriage, divorce, childbirth, or acquiring significant assets.
• Store your original Will in a safe place and inform trusted individuals of its location.

Seeking professional legal advice can give you peace of mind that your wishes will be honored and can spare your loved ones from unnecessary stress or confusion.