PHAM & CLOVES, PLLC

The legal components of a will are relatively straightforward and are not addressed in this blog. However, when drafting a will, there are several issues that need to be addressed to cover your bases to get the most out of this estate planning instrument. Below are a few of the issues common to most people.

In Texas, a person can designate an “independent executor” to settle the estate. Settling an estate involves paying outstanding debt, closing accounts, maybe selling assets and distributing the deceased property per the language of the will. Without an independent executor named in the will, probate of the will requires more effort, time and expense with more court intervention.

Another important element of a will can be the provision for minor children (who will take care of the children). In the event minor children survive the parents and there are assets left to the children, there need to be a mechanism put in place for distributing those assets. To accomplish this, trust language can be added to a will that allows for the creation of a trust upon the death of the testator (a testamentary trust). The testamentary trust will govern the distribution of assets to the children while they are minors with perhaps a provision for a distribution of all or a portion of any remaining assets upon a triggering event.

Texas law also allows for a will to be self-proved. A self-proved will allows for the executor to admit the will to probate without having to prove to the court that the testator’s signature is genuine. The affidavit attached to the will serves as proof of the validity of the testator’s signature without having to admit testimony from the witnesses to the will as to its authenticity.

If you have questions regarding drafting a will, contact a Veritas Legal Group estate planning attorney at 832-484-9015 to discuss your estate planning issues. And, remember, it is much less expensive to get a will than to die without one.