Wills Attorney in Waco, Texas

If you're looking to secure your legacy and make sure that your wishes are honored after you pass away, it's important to consult an experienced estate planning attorney for help creating a will.

At Pakis, Giotes, Burleson & Deaconson, P.C., we understand the importance of crafting a well-structured, legally sound will that provides peace of mind for you and your loved ones. 

Whether you're preparing for the future, working through complicated family dynamics, or need help with probate, we offer personalized guidance and advice to make the process as smooth as possible. Located in Waco, Texas, we serve clients in the surrounding areas. Reach out today to schedule a consultation.

The Importance of a Will

A will serves as a cornerstone in estate planning, allowing an individual to determine how their property, finances, and personal possessions will be distributed after death. Without a will, Texas law dictates how your assets will be distributed through intestate succession, which may not align with your desires. 

A well-drafted will can help avoid family disputes, streamline the probate process, and provide for loved ones in a manner that reflects your wishes.

In addition to asset distribution, a will can appoint an executor to manage the estate, designate guardians for minor children, and establish trusts for loved ones who may need financial support. 

Having a will in place can help minimize the complications and delays associated with the probate process, providing clarity to heirs and beneficiaries during a difficult time. However, to make sure that a will is legally valid in Texas, certain requirements must be met.

Texas Requirements for a Will to Be Considered Valid

Texas law is designed to protect the intentions of the testator (the person creating the will) and provide assurance that the will is authentic and enforceable. The primary requirements for a will to be considered valid include:

• Age and mental capacity: In Texas, the testator must be at least 18 years old and of sound mind. This means that the testator must understand the nature of their assets, the people they wish to benefit, and the implications of their decisions. If the testator is incapacitated due to mental illness or other factors, the will may be contested.

• Written document: Texas law does not recognize oral wills; instead the will be a written document. The will can be typed, printed, or handwritten, but a handwritten will must comply with specific rules to be valid.

• Signature: The testator must sign the will, or have someone sign it in their presence and at their direction. If the will is not signed by the testator, it's not valid. The signature indicates that the testator is affirming the document as their last will and testament.

• Witnesses: In Texas, a will must be witnessed by at least two individuals who are not beneficiaries. These witnesses must sign the will in the testator’s presence and the presence of each other. The witnesses assure that the will reflects the testator’s intentions and helps prevent fraud or undue influence.

• Self-proving affidavit: Although not required, Texas law allows for a self-proving affidavit to accompany the will. This affidavit is a sworn statement, signed by the testator and the witnesses, that confirms the validity of the will and that it was signed according to the legal requirements. A self-proving affidavit can speed up the probate process by eliminating the need for witnesses to testify in court.

• Revocation of prior wills: A new will can revoke a prior will, either expressly or by implication. If the testator creates a new will and does not mention an old will, the new will effectively revokes the previous one. It's important to destroy or remove any outdated wills to avoid confusion and make sure the most recent version is the one that's followed.

Types of Wills in Texas

Texas law recognizes several kinds of wills, each serving different needs and circumstances. The most common types of wills include:

• Attested will (formal will): This is the most traditional and common form of will in Texas. It's a written document that's signed by the testator and witnessed by at least two individuals. This type of will is considered the safest and most legally secure, as it meets all the requirements of Texas law.

• Holographic will: A holographic will is a handwritten will that's signed by the testator but does not require witnesses. In Texas, a holographic will is valid if it's entirely in the testator’s handwriting and signed by them. However, this type of will can be more prone to challenges, especially if the handwriting is difficult to read or if there are disputes about the testator’s mental state at the time it was written.

• Mutual and reciprocal wills: These are wills that are created by two individuals (often spouses) in which they make similar provisions for the distribution of their estates. While mutual wills are legally binding, they can be challenged if one party changes their will after the other party’s death. It's important to carefully consider the implications of mutual or reciprocal wills and seek legal advice before creating them. Our Firm discourages the use of reciprocal wills.

If you're not sure what type of will is best for you, reach out to our experienced wills attorney in Waco, Texas, at Pakis, Giotes, Burleson & Deaconson, P.C. 

Our firm has served Waco residents, as well as those in Temple, Belton, Killeen, and Bell County, Texas, for over 60 years. We can walk you through will types and even some of the most common provisions.

Common Provisions in a Will

A will can include a variety of provisions based on the testator’s wishes. Some of the most common provisions found in Texas wills include:

• Appointment of executor: An executor is the individual or entity responsible for managing the estate, making sure that debts are paid, and distributing assets according to the terms of the will. It's important to choose someone who is trustworthy and capable of handling the responsibilities of administering the estate.

• Distribution of assets: One of the primary purposes of a will is to specify how the testator’s assets will be distributed. This includes real property, personal belongings, bank accounts, investments, and other valuable items. The will should identify the beneficiaries and the specific assets they're to inherit.

• Guardianship of minor children: If the testator has minor children, a will can designate a guardian to care for them in the event of the testator’s death. In Texas, the appointment of a guardian is an important provision, as it helps make sure that the children will be cared for by someone the testator trusts.

• Creation of trusts: A will can establish trusts to manage and distribute assets for the benefit of beneficiaries. For example, a testamentary trust can be created to provide for a minor child or a person with special needs. The trust can specify how the assets are to be used and when asset distributions are to be made.

• Specific bequests and gifts: A will can include provisions for specific gifts or bequests, such as giving a family heirloom, a piece of jewelry, or a sum of money to a particular individual. These gifts should be clearly described to avoid confusion or disputes.

• Residuary clause: A residuary clause is a catch-all provision that distributes any remaining assets not specifically mentioned in the will. This clause helps to make sure that any property not otherwise disposed of is still distributed according to the testator’s wishes.

When you're setting up your will and working through the provisions, it's important to keep the probate process in mind. As your estate planning attorney, we'll work with you to make sure that the probate process after your passing would be as smooth as possible for your loved ones.

Understanding Probate in Texas

Probate is the legal process by which a will is validated, debts are paid, and assets are distributed to beneficiaries. In Texas, the probate process typically follows specific steps, including:

1. Filing the will: The executor must file the will with the court after the testator’s death. The court will then determine whether the will is valid and appoint an executor to oversee the estate.

2. Notification of beneficiaries and creditors: The executor must notify all beneficiaries and creditors of the probate proceedings. Creditors will be allowed to file claims against the estate for any outstanding debts.

3. Inventory of assets: The executor must compile an inventory of the decedent’s assets, including real estate, personal property, financial accounts, and any other assets that are part of the estate.

4. Payment of debts and taxes: Before distributing assets to beneficiaries, the executor must make sure that all debts, taxes, and expenses of the estate are paid. In Texas, there's no state inheritance tax, but federal estate tax may apply to estates exceeding certain thresholds.

5. Distribution of assets: After debts and taxes have been settled, the executor can distribute the remaining assets according to the terms of the will.

If you're struggling with the probate process after a loved one's passing, speak with our attorneys at Pakis, Giotes, Burleson & Deaconson, P.C. 

A valid will can help streamline the probate process, minimize disputes, and make sure that your legacy is carried out according to your desires as much as possible. However, it's essential to consult with an experienced estate planning attorney to make sure that your will meets the state's legal requirements.