Protecting Your Family, One Will At A Time
Facing the future requires careful planning. You want to protect your loved ones. To do so, you need an estate planning attorney who can help you draft a solid will.
At The Brinkley Law Firm, we understand the importance of planning for the future. Since opening our doors nearly 25 years ago, we have offered compassionate and sophisticated legal services to the Beaumont community. Led by attorney Dean Brinkley, we offer personalized estate planning solutions that reflect your unique needs and wishes.
The Importance Of A Will In Estate Planning
A will is a fundamental tool in any estate plan. It designates your personal representative (executor) and beneficiaries. It also states how to distribute your assets. It can explain who should care for your minor children and can even specify your funeral arrangements. Everyone should have a will, regardless of age or wealth. Without a will, the state will decide how to divide your estate, which may not align with your wishes.
Dean Brinkley, our experienced estate planning attorney, can assist you in drafting a will that reflects your intentions. We also offer services to update your will as life changes occur, ensuring it remains relevant and effective.
What Is The Process For Creating A Will With A Lawyer?
First, we will discuss your assets and beneficiaries. Then, we will draft a document that reflects your wishes. Finally, you will sign the will in the presence of witnesses.
How Can A Will Protect My Assets And Ensure My Wishes Are Followed?
A will clearly outlines how your assets should be distributed. This can prevent disputes. It also appoints an executor to manage your estate, ensuring your wishes are carried out. An estate planning attorney can guide you through this process.
What Happens If Someone Contests My Will?
If someone contests your will, the court will review its validity. To prevent this from happening, we work to create wills that are clear and legally sound. This minimizes the risk of a successful challenge.
What Assets Should I Consider When Drafting A Will?
Your will should include any assets solely in your name that do not have direct beneficiary designations (payable-on-death), such as:
- Real estate
- Vehicles
- Personal possessions
- Businesses
- Jewelry
- Banking information
- Retirement accounts
- Digital assets
- Intellectual property
- Sentimental items
An attorney can help you make certain that your will addresses all of your tangible and intangible assets so that nothing is overlooked.
How Do I Ensure My Will Is Valid And Enforceable?
In Texas, a will is valid and enforceable so long as you were competent and not coerced when it was created and:
- The will is written (typed) and signed in the presence of two disinterested witnesses (nonbeneficiaries) who also sign the document, or
- The will is entirely handwritten by you, clearly conveys that it is meant to be your will and signed by you
It is important to consult with an attorney when drafting a will, since mistakes and contradictory terminology or missing elements can leave your estate open to disputes or cause the will to be invalidated.
What Is The Role Of An Executor, And How Should I Choose One?
The role of an executor is to manage your estate after you pass away. This involves submitting your will to probate court, paying taxes and debts, contacting your beneficiaries and distributing assets.
Because of their importance to your estate and family, your executor must be someone you can trust. Ideally, they should be well-organized, financially competent, level-headed and willing to seek professional guidance when necessary.
When And How Often Should I Update My Will?
It is important to update your will every three to five years to include new assets you may have acquired, such as real estate, investments and valuables. However, you should also update your will after all major life events, including the following:
- Change in marital status, such as a new marriage or divorce
- A recent serious medical diagnosis that impacts your quality of life
- Child birth or adoption of a child from another family
- Financial changes that may impact tax considerations
- State estate planning law changes after moving across state lines
If you are not sure if it is time to update your will, speak to a lawyer. Our lawyers can help explore possible changes to your will.
Secure Your Family’s Future With A Jefferson County Will Attorney
At The Brinkley Law Firm, we can protect your assets and ensure you provide for your loved ones through a last will and testament. Let us help you create yours today. Please call 409-359-8895 or send us an email to schedule your initial consultation with an inheritance lawyer.