What happens if I die without a will?
If you die without a will, your property will pass by “intestacy”. There is a complex scheme involved with exactly how and to whom it will pass depending on many factors including whether you are married, the character of the property (i.e., whether it is separate or community property, real or personal property) and your particular familial situation (such as whether there are step-children involved.)
Should I have a will?
If you would like to avoid the uncertainty involved with your property passing by the intestacy laws of Texas, you should have a will.
Someone made a statement to me that I’ll get all of their property. Is this considered a will?
No. In Texas, a will must be in writing to constitute a valid will.
Someone’s will states that I’ll receive all of their property but there is a life insurance policy that is going to someone else. What trumps?
In Texas, “nonprobate” assets cannot be disposed of by will. These types of assets include those that have a beneficiary designation form such as life insurance policies and retirement acounts, property held as joint tenants with rights of survivorship (such as two people on a deed), property held in trust, and “pay on death” accounts.
My life circumstances have changed. What should I do about my old will?
Ordinarily, you should have a new will drafted. There are many laws in Texas that you may be unaware of, such as that if you get married after you have a will drafted, your new marriage will do nothing to revoke the will. On the flip side, if your marriage is dissolved, the provisions in your will favoring your prior spouse, are no longer effective. This same rules applies to nonprobate assets as listed above.
Can I just cross out a provision in my will and write over it?
Not in Texas. If you want your will to be adjusted, you must have a new will drafted or have a codicil drafted which is an amendment to a will.
Can I challenge someone’s will?
It depends. You have up to two years after it is probated to do so and you must be an “interested person” as defined by the Texas legislature. You also need an appropriate ground for the challenge such as whether the person was mentally incapacitated when signing the will or whether that person was coerced into doing so.
Should I have a trust?
As usual, it depends. What is your goal? Do you want to avoid a probate process upon your death and have your assets go outright to a beneficiary? Do you want to make a gift over time to a minor or someone inexperienced in handling money? A trust may an appropriate option for you, however, there are many legal requirements that need to be met in order for it to be valid such as actually funding the trust.
