By one estimate, roughly three-fourths of all U.S. citizens die “intestate”, meaning they did not prepare a will before their passing. The absence of a will requires the deceased’s estate to be distributed according to state laws, which may be inconsistent with what they would have preferred.
Working with a Houston wills lawyer from J. Lopez Law could ensure you prepare a clear and concise will that provides a path for the allocation of your assets after your death. Regardless of the size of your estate, you and your beneficiaries will benefit from you making your wishes known rather than leaving the distribution of your assets to state succession laws. To learn more about the importance of a will, schedule a consultation with a strategic estate planning attorney at J. Lopez Law today.
In addition to leaving heirs and beneficiaries without clear direction, dying intestate allows the state to appoint an executor or administrator to manage and distribute a deceased individual’s assets, with no consideration of who they might have preferred. Any children under the age of 18 will have no access to their financial resources, and may be designated as wards of the state if the decedent failed to name a guardian in a valid will document.
For those with multiple potential heirs or a blended family, adult biological children may not receive the assets that they would have gotten if the deceased had left a will that included directions for distributing their estate. In addition, the deceased’s funeral and internment will be determined independently of what they might have wanted, and their estate will incur excess legal and other expenses involved with identifying potential heirs.
Finally, without a will, the distribution of assets and the closing of an estate will likely require substantially more time. You can avoid these and other disadvantages by consulting a wills attorney in Houston and drafting a will that reflects your specific goals and desires.
Heirs and beneficiaries who feel slighted by asset distribution choices can retain a Houston attorney to challenge a will. They could claim the testator’s mental capacity was not sufficient to reflect their true wishes when they executed the will, or that they were coerced, forced, or fraudulently persuaded to make asset distribution decisions.
They may also claim the beneficiaries named in the will forged or manipulated the deceased’s approval, that another document exists superseding the will that was placed into probate, or that the testator amended the will and impaired its validity.
An experienced attorney could identify and address these challenges and prepare your will with provisions that prevent conflict after you have passed. Alternatively, if you believe there are issues in a will that names or should have included you as a beneficiary, our legal team could investigate your situation and advise you on whether you have standing to challenge the document.
A will is the most basic component of every estate plan, and everyone should have one, even if their estate does not have substantial asset holdings. A Houston wills lawyer from J. Lopez Law could provide sensitive advice and legal counsel, helping you to draft a will that best suits your and your family’s needs. Contact our office today to schedule a consultation and learn more.
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