What Are The Advantages Of Having A Will?
Having a valid will ensures that your wishes are honored, minimizes conflict, simplifies the probate process.
- A will clear outlines how you would like your estate disposed of and who you would like to oversee that process.
- A will avoids time-consuming judicial determination of heirship, which is typically much more costly in terms of legal fees and expenses, than a more streamlined probate of a will.
- A will gives you the opportunity to minimize court supervision of your estate, ultimately saving your family time and money, by providing for an independent administration.
Having a will is one of the most important steps in planning for your family’s future. If you don’t have a will, now is the time to talk to an estate planning attorney and get your affairs in order.
What Could Possibly Go Wrong?
An elderly lady named Dorothy died without a will, though she had a substantial estate. She was unmarried, had no children, and had only one sibling, who had predeceased her in death leaving no descendants. In addition, both of her parents were deceased. Angela was Dorothy’s only first cousin, and they were quite close. Dorothy had told Angela on several occasions that she wanted Angela to have her estate when she died. Dorothy, however, never put her wishes into writing by making a valid will. When Dorothy died, Angela filed an application to determine heirship, believing that she would inherit all of Dorothy’s estate.
During the heirship proceeding, however, the court-appointed attorney ad litem discovered that Dorothy and Angela’s paternal grandfather had a marriage that neither of them were aware of and there were living descendants from that marriage. It was necessary to hire a genealogist to determine Dorothy’s heirs and where they were located. It turned out that there were at least 900 more distant cousins on Dorothy’s maternal side that were unknown to anyone on Dorothy’s paternal side and because of the length of time it took to determine Dorothy’s legitimate heirs under the laws of intestacy, the court had to appoint an administrator to manage the affairs of her estate.
Ultimately, Dorothy’s estate was substantially diminished by legal expenses and other costs incurred in settling the estate, and much of what remained passed to people who she did not know and who did not know her, with Angela getting only a small portion of what she would have received if Dorothy had expressed her wishes in a valid will.
While your estate may not be as large as Dorothy’s, this cautionary tale highlights how dying without a will can result in radically unintended outcomes. To review, update, or draw up a new will that expresses how you wish you own estate to be administered, please contact McGarvey PLLC at mcgarveypllc.com or 281.501.3030.
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What Are The Advantages Of Having A Will?
A will safeguards your family’s future by clearly outlining how your estate should be handled. Without one, your assets may be tied up in court and distributed to unintended heirs, as seen in Dorothy’s cautionary story.
What Happens if you die Without a Will in Texas?
When someone dies without a will in Texas, state intestacy laws decide who inherits their property — not their personal wishes. This can lead to delays, added costs, and family disputes. Here’s how assets are distributed under Texas law and why drafting a will is essential for protecting your estate and loved ones.
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