Who Needs Estate Planning?
You do.
No Matter your net worth, it's important to have an estate plan in place. Such planning
ensures that your family and financial goals are met. Estate Planning makes it easier for your
loved ones to handle your affairs, knowing they're doing exactly what you would have wanted.
The most important part of Estate Planning is understanding all of your options.
Why you need Estate Planning
Control: In your Last Will and Testament you can decide how your possessions will be
distributed, and who gets them. Otherwise, state intestacy laws will make these decisions
for you.
You Have Minor Children: If you have minor children, having a Will is of upmost
importance. In your Will you can appoint guardians for your minor children.
Prevent Family Disputes: If you die without a Will, all of your heirs will become
co-owners of every asset that you owned, and they may not be able to agree on what
should be done with the property. The more heirs you have, the more expensive and
time consuming it will be to probate your estate and to wind up your affairs.
Disadvantages of Dying Without a Will: The additional costs and time to probate
your estate and wind up your affairs.
Reasons to Update your Estate Plan
A new individual should be named in your documents (e.g. birth, adoption).
A change in choice of executor, trustee, or guardian.
Divorce or Marriage.
Relocation from another state. If you have moved to Texas from another state,
your Will should reviewed in order to ensure that it meets Texas requirements as each
state has different legal requirements for making a Last Will and Testament.
The individuals named in your estate planning documents are deceased.
New Laws. You should periodically have your estate planning documents reviewed for
the effect of any new laws that have been enacted that may impact your documents.
A substantial increase or decrease in the value of your estate.
The passage of time. To keep current with life's changes you should review your estate
planning documents every five years.
Important Estate Planning Documents That You Should Have
Last Will and Testament: A legal document which creates a plan for the transfer of assets
upon death.
Statutory Durable Power of Attorney: A legal document which enables anotherperson
to act on your behalf with regard to financial matters. The durable clause of the power of attorney
guarantees that the agent can act on your behalf if you become incapacitated.
Medical Power of Attorney: A legal document which enables another person to make health
treatment decisions for you in the event that you are incapacitated.
Directive to Physicians: A legal document designed to communicate your wishes related to life
sustaining treatments and procedures in the event that your are incapacitated.
The Risks of Drafing Your Own Documents
By drafting your own estate planning documents you risk that your estate will not be handled as you had
intended. Texas has very specific requirements regarding Last Will and Testaments. If your Will does not meet all
of these requirements, it will make it more difficult for your family to handle your estate, increasing the time and costs
of probate. By using online services or form books to draft your estate planning documents you risk not complying with
Texas law, using the wrong form, or incorrectly preparing it. Most importantly, these forms are not individualized and
do not consider your unique circumstances.
Estate Planning documents are very important for you and your family and the services of a licensed attorney should
be sought to assist you in preparing these documents. That is the only way to be assured that the documents comply with current
state law so that your wishes can be followed as you intended.