The Reecer Law Firm

Texas Estate Planning & Probate Law

Wills

What Information Do You Need Before You Create a Will?

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Writing a will is one of the most important steps you can take to protect your family and your assets. Before you sit down with an attorney, gathering the right information will help make the process quicker and more effective. Here’s what you need to prepare:

1. A List of Your Assets and Debts

Start by making a list of everything you own. This includes:

  • Real estate (homes, land, rental properties)
  • Bank accounts and investment accounts
  • Retirement plans, such as 401(k)s and IRAs
  • Vehicles, boats, and other valuable property
  • Personal belongings, such as jewelry, art, and collectibles
  • Business interests, if you own a company

You should also list any outstanding debts, including mortgages, car loans, and credit card balances. Knowing what you owe can help you decide how to handle these obligations in your will.

2. Who Will Inherit Your Assets?

Decide who will receive your property and belongings. This could include family members, friends, or charities. You can divide your assets however you choose, but it’s important to be specific to avoid confusion or disputes later.

3. Naming an Executor

An executor is the person responsible for carrying out the instructions in your will. This includes paying off debts, handling paperwork, and distributing assets to beneficiaries. Choose someone who is responsible, organized, and willing to take on this role. You may also want to name a backup executor in case your first choice is unable to serve.

4. Guardian for Minor Children

If you have children under 18, choosing a guardian is one of the most important decisions you will make. This person will be responsible for raising your children if something happens to you. Talk to the person in advance to make sure they are willing to take on this responsibility.

5. Special Instructions or Final Wishes

Your will can also include instructions for funeral arrangements, care for pets, or other final wishes. While these details are not legally required, they can help your loved ones honor your preferences.

Contact The Reecer Law Firm

Taking the time to gather information now will make the process of creating your will much easier. The Reecer Law Firm is here to help you every step of the way. We have an estate planning worksheet on our website that can be downloaded to assist with the process. Please call us at (940) 382-3168 or contact us for more information about how we can help you. Dena Reecer, founder and owner of The Reecer Law Firm PLLC, is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. Our office is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

Can I Make a Handwritten Will?

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If you’re considering drafting your will, you might wonder whether a handwritten will, known as a holographic will, is a viable option. In Texas, the answer is yes; however, there are several reasons why you might want to think twice before relying on this method. While holographic wills are legally valid, they come with significant drawbacks that can lead to complications for your loved ones.

Texas Family Law

What is a Holographic Will?

A holographic will is a will entirely written in your handwriting. Unlike a typed or formally printed will, a holographic will does not require witnesses in Texas, making it seem like a quick and convenient solution. However, this simplicity can be deceiving and may create more problems than it solves.

Cons of a Holographic Will

  1. Ambiguity and Vagueness: Handwritten wills can often be unclear or ambiguous, leading to potential disputes among beneficiaries. Without precise legal language, the document may be open to interpretation, causing family conflicts and lengthy legal battles.
  2. Risk of Omission: Individuals may unintentionally leave out critical elements when drafting their own wills. Important details such as appointing an executor, specifying alternate beneficiaries, or addressing specific contingencies might be overlooked, which can complicate the administration of your estate.
  3. Legibility Issues: If your handwriting is difficult to read, it can create confusion and misunderstandings. Poor legibility might lead to parts of your will being misinterpreted or entirely disregarded.
  4. Challenges in Proving Authenticity: Without witnesses, proving the authenticity of a holographic will can be challenging. If someone contests the will, it may be difficult to prove that it was indeed written and signed by you, leading to potential legal hurdles and delays in executing your wishes.
  5. Lack of Comprehensive Planning: Estate planning involves more than just distributing assets. It includes tax planning, setting up trusts, and ensuring your wishes are carried out efficiently. A holographic will often lacks the depth and foresight that a professionally drafted will provides.

Why You Need an Attorney

  1. Expert Legal Advice: An attorney specializing in estate planning can provide invaluable advice tailored to your specific situation. They ensure that all legal requirements are met, and your will is comprehensive and clear.
  2. Minimizing Disputes: A professionally drafted will reduces the likelihood of disputes. Attorneys use precise language and cover all necessary details, which helps prevent misinterpretation and challenges.
  3. Comprehensive Estate Planning: Lawyers can help with more than just drafting a will. They offer advice on setting up trusts, planning for estate taxes, and other strategies to protect your assets and ensure they are distributed according to your wishes.
  4. Peace of Mind: Knowing that your will is legally sound and comprehensive provides peace of mind. You can be confident that your loved ones will not face unnecessary legal battles or complications after your passing.
  5. Regular Updates: Life circumstances change, and so should your will. An attorney can help you regularly review and update your will to reflect changes in your family structure, financial situation, or personal wishes.

While it is possible to create a handwritten will in Texas, the risks and potential complications make it a less-than-ideal choice. For a legally sound and comprehensive estate plan, consulting an attorney is crucial. The Reecer Law Firm specializes in Texas estate planning and can help ensure your final wishes are clearly documented and legally binding.

Contact The Reecer Law Firm

Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is one of a few Texas attorneys who are Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. If you are considering preparing or revising your will, contact us for more information about how we can help you. The Reecer Law Firm is located at 3105 Unicorn Lake Blvd., Denton, Texas 76210. Our office number is 940-382-3168

How Do I Choose the Right Executor for My Will?

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Choosing the executor for your will is a critical decision that requires thoughtful consideration. This individual will be responsible for carrying out your final wishes and ensuring that your estate is settled according to your plans. To assist you in making this important decision, here’s guidance on selecting the right executor for your will.

Wills
  1. Identify Responsibilities: Start by understanding the responsibilities of an executor. This person will manage your estate, pay outstanding debts, distribute assets to beneficiaries, and handle any legal matters that may arise. Clarifying these duties will guide you in selecting someone with the right skills and attributes.
  2. Consider Trustworthiness: Trust is paramount when choosing an executor. Look for someone with integrity, honesty, and a track record of responsible financial management. This person should be someone you trust implicitly to carry out your wishes without any conflicts of interest.
  3. Evaluate Organizational Skills: The role of an executor involves significant organizational tasks. Assess potential candidates for their organizational skills, attention to detail, and ability to manage paperwork efficiently. A well-organized executor can streamline the probate process and reduce stress for your loved ones.
  4. Assess Legal and Financial Knowledge: Executors often encounter legal and financial complexities. While your executor can seek professional advice, having a basic understanding of legal and financial matters is beneficial.
  5. Choose Someone Willing and Able: Being an executor requires time and effort. Ensure the person you choose is willing and able to take on this responsibility. Discuss the role with potential executors to confirm their availability and willingness to fulfill the duties outlined in your will.
  6. Factor in Personal Dynamics: Consider the personal dynamics of your potential executors. While family members are commonly chosen, it’s essential to assess their ability to handle potential conflicts objectively. If there are concerns about impartiality, you may want to consider an unbiased third party.
  7. Name an Alternate Executor: Life is unpredictable, and circumstances can change. To ensure a smooth process, designate an alternate executor in case your primary choice is unable or unwilling to fulfill the role when the time comes.
  8. Open Communication: Once you’ve identified a potential executor, have an open and honest conversation with them. Clearly communicate your expectations, the details of your estate, and any specific wishes you have. This transparency can help prevent misunderstandings and ensure everyone is on the same page.

Choosing the right executor for your will requires careful thought and consideration. By following these steps and evaluating potential candidates based on their trustworthiness, organizational skills, legal and financial knowledge, willingness, and personal dynamics, you can select an executor who will honor your wishes and efficiently manage the settlement of your estate.

Contact the Reecer Law Firm

Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. If you have questions or concerns regarding estate planning, please call us at (940) 382-3168 or contact us for more information about how we can help you. Our office is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

How Do I Contest a Will in Texas?

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Contesting a will is a legal process that involves challenging the validity of a will. In Texas, as in other jurisdictions, contesting a will is a serious matter and generally requires legal assistance. Keep in mind that the laws may change, so it’s important to consult with an attorney who is familiar with the most current statutes. Here are general steps you might follow to contest a will in Texas:

Wills in Texas
  1. Consult with an Attorney: Seek the advice of an experienced probate attorney in Texas. Contesting a will is a complex legal process, and having professional guidance is crucial. The attorney can help you understand the legal grounds for contesting a will and guide you through the process.
  2. Determine Legal Grounds: To contest a will, you typically need legal grounds, such as:
    • Lack of testamentary capacity (the testator was not of sound mind when creating the will)
    • Undue influence (someone exerted improper pressure on the testator)
    • Fraud or forgery
    • Mistake
    • Failure to meet the formal requirements of a valid will
  3. Initiate the Lawsuit: If necessary, your attorney will file a lawsuit to contest the will. This legal action typically involves presenting evidence and arguments to support your claim that the will is invalid.
  4. Discovery Process: Both parties engage in a discovery process where they gather evidence to support their case. This may involve depositions, document requests, and other means of gathering information.
  5. Mediation or Settlement: Before going to trial, parties may engage in mediation to attempt to reach a settlement. This can save time and legal expenses.
  6. Probate Court Trial: If a settlement is not reached, the case may proceed to trial in the probate court. The court will consider evidence and arguments from both sides to determine the validity of the will.
  7. Appeal (if necessary): If the probate court’s decision is unfavorable, you may have the right to appeal the decision. Consult with your attorney to determine the best course of action.

Remember, it’s crucial to consult with an attorney early in the process to ensure that you understand your rights, the legal grounds for contesting a will, and the specific procedures that apply in your situation. Legal procedures can be complex and may vary, so it’s essential to have professional guidance throughout the contesting process.

Contact the Reecer Law Firm

Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. If you have questions or concerns regarding contesting a will, please call us at (940) 382-3168 or contact us for more information about how we can help you. Our office is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

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The Dangers of an Online Will

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In today’s digital age, the internet has revolutionized various aspects of our lives, making tasks more convenient and accessible. One such area is estate planning, where online wills have gained popularity. While the convenience and cost-effectiveness of creating a will online may be appealing, it is crucial to be aware of the potential dangers associated with relying solely on these platforms.

Lack of Legal Expertise

Dangers of online wills

One of the primary concerns with online wills is the absence of legal expertise. Estate planning involves intricate legal concepts and regulations that vary by jurisdiction. Online will services typically provide generic templates and instructions, but they cannot offer the personalized advice and knowledge of an experienced estate planning attorney. Consulting with a professional ensures that your will conforms to the specific laws of your jurisdiction and helps you address potential issues that an online service might overlook.

Inadequate Customization

Online will platforms often offer standardized templates that may not accommodate unique circumstances or complex family dynamics. Estate planning is a highly individualized process, and a one-size-fits-all approach may not adequately address your specific needs. Working with an attorney allows for customization, ensuring that your will reflects your wishes accurately, covers all necessary provisions, and accounts for any special considerations.

Ambiguity and Misinterpretation

Creating a legally valid and clear will requires precise language and careful drafting. Online wills may rely on generalized text that can be open to misinterpretation or ambiguity. Ambiguous terms or unclear instructions can lead to confusion among beneficiaries and increase the likelihood of disputes or legal challenges. An estate planning attorney can help draft a clear and unambiguous will, minimizing the risk of disputes and ensuring your intentions are accurately communicated.

Lack of Updates and Compliance

Laws and regulations regarding wills and estates can change over time. Online will platforms may not keep up with these updates, potentially rendering your will outdated and non-compliant with the current legal requirements. By working with an attorney, you can ensure that your will remains up-to-date and in compliance with the evolving laws, protecting your estate and minimizing the risk of complications during the probate process.

Security and Privacy Concerns

Online will services require the submission of personal and sensitive information, making them susceptible to cyber threats and data breaches. Protecting your privacy and safeguarding your personal details is crucial when dealing with matters as important as estate planning. Seeking the guidance of an attorney allows you to keep your personal information confidential and secure.

While online will services offer convenience, they come with inherent risks that can jeopardize the effectiveness and validity of your estate plan. The lack of legal expertise, customization limitations, potential for ambiguity, compliance issues, and security concerns make it crucial to consider the potential dangers when deciding how to create your will. Seeking professional guidance from an experienced estate planning attorney ensures that your wishes are accurately reflected, your estate is protected, and your loved ones are not left dealing with unintended consequences or legal disputes after your passing.

Contact The Reecer Law Firm

For more information about Estate Planning and Digital Estate Planning, contact one of our experienced estate planning attorneys at The Reecer Law Firm. Please contact us online or call us at 940-382-3168 to schedule a consultation.

The founder and owner of The Reecer Law Firm, Dena Reecer, is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. The Reecer Law Firm is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

Do I Need To Include My Personal Belongings In My Will?

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There are two types of personal property according to the Texas Estates Code: Tangible personal property which requires a transfer of title such as a car, boat, or motor home, and tangible personal property which does not require the transfer of a title such as heirloom jewelry, family pictures, pieces of artwork, or items located in another item, such as the contents of a cedar chest.

How you handle these items and whether you mention each item in your will depends on whether you want a specific person to inherit the item, or you want your personal representative to distribute the property at his or her discretion.

Handling Your Personal Belongings in Your Will

Personal belongings and wills

For your personal belongings that require a transfer of title, you may want to have a beneficiary designated on your title so that it is clear that upon your death, the title to the item, such as a vehicle, is transferred to a specific heir. If you do this, you do not need to name the item in your will.

If you have not named a beneficiary on the title, you will then want to include that item in your will and name the person you want to receive that item.

For every piece of personal property, you want to leave to a specific person, you must name that person in your will. For example, if you want to leave your grand piano to your grandchild or a piece of art to a loved one who has admired it, you must say so specifically in your will.

Handling Your Personal Belongings in a Memorandum

If you do not care who the items go to, you can be general in your will and make a statement like “the contents of my home shall be divided according to a memo I leave.” The memo can list specific items that you want to leave to specific people, e.g. “I would like my pieces of art sold and the proceeds given to X charity.”

You could also say in the memo “the contents of my home shall be distributed according to the discretion of my executor.” This allows you to purchase new personal items without having to update your will every time you do so.

The Memorandum must be signed and dated and then acts as a codicil to your will. This allows you to update the memorandum without needing to execute a new will.

Contact the Reecer Law Firm for More Information

For more information about the best way to leave your personal belongings to your heirs, contact one of our estate planning attorneys at the Reecer Law Firm.

The founder and owner of The Reecer Law Firm, Dena Reecer, is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. Contact us for more information about how our attorneys can help you.