I make sure that people understand the importance of having a will prepared and what each estate planning document does and what problems it avoids and solves. Why is a will important and what are its main benefits?

Are you thinking that you need to probate a loved one’s estate? Are you getting ready to contact a probate attorney and you’re trying to learn about probate beforehand? Or maybe you’ve gotten started and wondering how much longer this process will take. 

If someone has passed away either recently or years ago, they owned property, and probate was not initiated for their estate, it’s likely that an Affidavit of Heirship will be a good option to clear title issues and give the rightful heirs rights to the specific property.

Overall, having a will (even a DIY one) is better than not having a will. But it’s important to understand the pros and cons before clicking that tempting link. 

Having a will and estate planning documents is only one part of planning effectively. It is important to review your documents periodically to ensure that your estate planning documents continue to reflect your wishes throughout your lifetime.

Have you lost a loved one and trying to gain some background on the probate process? Or are you thinking about your own estate and how you could plan? Not every estate requires probate, so it’s important to understand when probate is required.

If you’re looking into estate planning, chances are that you’ve heard the term “Living Will.” A Living Will, despite the word “Will” in its name, is completely different from a Last Will and Testament. So what is it an why is it important?

If you found this, you probably already have a Will and estate plan in place. But what happens when you need to make some changes? Did something happen in your life such as a marriage, divorce, birth of a child, etc. and do you need to adjust your will? Well, you are smart to think about updating your estate planning documents to make sure your documents always reflect your wishes.

I’ve previously talked about how estate planning usually gets put on the back burner because it’s a common thought to wait until you’re older or wait until you’ve accumulated more wealth. However, those things are not guaranteed in life. When is the right time in life to think about having estate planning done?

Since the deceased individual does not have a will, the State of Texas has a set of laws in the Texas Estates Code to determine who inherits and how property is distributed. Unfortunately, this may mean that your estate would be distributed in a manner inconsistent with what you would have wanted for your spouse, children, or other family members.

Basic estate planning includes the following documents: Last Will and Testament, Statutory Durable Power of Attorney, Medical Power of Attorney, HIPAA Release, and the Directive to Physicians and Family or Surrogates (Living Will). The most common document is the Will, but the other documents can be just as important.

Probate is a legal process by which courts will appoint a representative of the estate to pay the decedent’s debts, as needed, and distribute remaining assets to heirs or beneficiaries by will, if a will is present. The necessity for probate is primarily based on the decedent’s debts and assets, and the classification of probate and non-probate assets.

While it may be uncomfortable to think about death and preparing a will, it will give you peace of mind as to what happens to everything and everyone you’re leaving behind. Having a valid will at the time of your death is the single best gift you could leave your family members.

Daywalt Law PLLC is a virtual law office and has officially opened and is ready to help clients with their legal needs.