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The Importance of Having a WIll

Family Law

Article by Colby Berry

Photography by Colby Berry

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People rarely want to contemplate their own mortality, but doing so is crucial to protect your loved ones and ensure that your wishes are carried out. Having a Will provides you peace of mind and gives you control over your assets. Here are a few reasons why having a Will is so important in safeguarding your legacy:

  • Distribution of Assets: The primary reason for having a will is to ensure the proper distribution of your assets after your passing. Without a will, your estate will likely be subject to Texas’ intestacy laws, which may not align with your desires. By clearly outlining your heirs and their respective shares in a Will, you maintain control over how your assets are distributed, leaving less room for potential disputes among family members.

  • Simplifying Matters for your Loved Ones: A properly executed Will ensures that the probate process can be a relatively simple one. The added requirements for probating an estate in Texas without a Will are considerable as compared to probating an estate with a Will. With a Will in place, your executor will likely have a much easier time probating your estate and will spend considerably less money while doing so.

  • Appointing a Guardian for Minor Children: For parents with minor children, a Will allows you to provide your preference to a court for who you wish to act as guardian to care for your children in the event of your untimely demise. Without a Will, a court will determine who should be granted guardianship without regard to your wishes. This could cause additional stress and uncertainty to your family and loved ones during an already challenging time.

  • Minimizing Family Conflicts: The absence of a Will can lead to disagreements and conflicts within families. By clearly outlining your wishes in a Will, you allow your family and loved ones to understand your desires with regard to your assets. This reduces the likelihood of disputes arising over the division of assets and sentimental possessions.

  • Peace of Mind: Having a will provides tremendous peace of mind, both for you and your loved ones. Knowing that your wishes will be carried out according to your instructions can alleviate stress and provide a sense of security. By addressing important decisions beforehand, you relieve your family from the burden of making complex choices during a time of grief.

Creating a Will is a crucial step in securing your legacy and ensuring that your loved ones are provided for according to your wishes. It empowers you to maintain control over the distribution of your assets, designate guardianship for minor children, and minimize family conflicts. Most importantly, having a will grants you peace of mind, knowing that you have taken the necessary steps to shape your legacy and protect the ones you care about.

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