Who Needs a Will & Why
Every adult who owns assets—no matter how modest—needs a Will.
A properly drafted Last Will & Testament ensures that, when you pass, your property, personal items, and final instructions go exactly where you want. Without one, Texas law dictates asset distribution, which may not reflect your wishes.
Key Benefits:
Control Over Distribution: Specify exactly which beneficiaries inherit bank accounts, real estate, personal property, and sentimental items.
Executor Nomination: Name a trusted person (executor) to handle probate on your behalf so assets are transferred efficiently.
Minor Guardianship (Basic, if Applicable): If you have minor children and no Trust, a Will can nominate a guardian to care for them until they reach adulthood.
Simplicity & Cost: Compared to a Trust, a Will is more straightforward—it’s a flat‐fee document that’s quick to prepare.
What We Provide:
Personalized Drafting: We interview you to understand your family, assets, and any special bequests (e.g., heirlooms, charitable gifts).
Executor Guidance: We help you choose the right executor—someone organized, local, and trustworthy—and explain their role step by step.
Minor Guardian Nomination: If you have children under 18, we document both primary and alternate guardians, plus any instructions on their upbringing (education, religion, etc.).
Pour-Over Will Option: For clients who also have a Revocable Living Trust, we provide a “Pour-Over” Will that automatically transfers residual assets into the trust at death.
Frequently Asked Questions (FAQs)
1. What happens if I die without a Will?
If you pass away without a valid Will (“intestate”), Texas law steps in and dictates how your assets are divided. That process often:
For Minor Children: Leaves the court to appoint a guardian rather than your chosen caregiver.
For Property Distribution: Follows a strict hierarchy (spouse, children, parents, siblings, etc.), which may not match your preferences.
For Probate Complexity: Forces your family into a potentially lengthy and costly probate proceeding (which can tie up assets for 9–24 months and cost 3–7% of your estate).
In short, dying intestate often means losing control over who raises your kids, how your property is distributed, and exposing your family to extra delay, expense, and emotional stress.
2. How do I update or revoke my Will later?
Your Will is fully revocable at any time, as long as you have “testamentary capacity” (i.e., you’re over 18 and of sound mind). To update or revoke:
Amending (Codicil): You can sign a codicil (a formal amendment) that specifically changes a section of your existing Will.
Complete Revocation: You can destroy your original Will (tear it up, shred it) or sign a new Will containing express language revoking all prior Wills.
Always sign any changes with two credible Texas witnesses (and a notary if you want to be extra safe). Once you’ve amended or replaced your Will, let us guide you through properly executing and storing the new version so nothing is ambiguous.
3. Does having a Will avoid probate?
No. A Will still goes through probate in Texas—it simply instructs the court how to distribute assets. Probate with a Will (called “probate of a testate estate”) can be faster and smoother than dying intestate, but your estate still has to be opened in county probate court, creditors notified, and court approval obtained for distributions.
If you want to bypass probate entirely, a revocable living trust (covered on our Trusts page) is the vehicle that actually transfers titled assets directly to beneficiaries—completely avoiding the court process.
4. Can I have a Will if I already have a Trust?
Absolutely. In fact, most Trust clients also have a “Pour-Over Will.” Here’s how it works:
Trust Documents: Your assets placed into the trust avoid probate.
Pour-Over Will: Acts as a safety net—any asset you accidentally leave out of your trust (e.g., inheritance funds, a newly purchased vehicle) “pours over” into the trust at death and then transfers privately to beneficiaries.
Combined Approach: Having both ensures no asset slips through the cracks and any residual property still benefits from the trust’s privacy and probate-avoidance.
5. At what age should I create a Will?
As soon as you have assets or dependents, ideally. Here are a few triggers:
Owning any real estate (home, rental property)
Having a bank or investment account with a balance you care about
Having minor children (to name guardians)
Starting a business or acquiring significant personal property
Even if you’re in your 20s with minimal assets, a simple Will can peacefully name your next of kin, avoid disputes, and cost only a fraction of a more complex plan.
6. What can and cannot be included in a Will?
Can include:
Asset Bequests: Cash, real estate, personal property, business interests (as long as they can be probated).
Executor Nomination: The person you appoint to manage probate.
Minor Guardianship: Naming primary and backup guardians for children under 18.
Funeral & Burial Instructions: Nonbinding, but can guide your family.
Residual Clauses: Distribute any leftover assets after specific gifts.
Cannot include:
Trust Assets You Already Funded: Those pass under the Trust agreement, not your Will.
Retirement Accounts & Life Insurance Proceeds: Those pass by beneficiary designation, not by Will.
Certain Liabilities: You can’t use your Will to waive debts or cancel contracts outside probate.
Anything Illegal or Against Public Policy: For example, you can’t disinherit a spouse beyond Texas’s minimum “elective share” rights.
7. How do I choose an executor?
Your executor manages probate—gathering assets, paying debts, submitting court filings, and distributing property under court supervision. The ideal executor should be:
Highly Organized: Comfortable handling paperwork, deadlines, and financial records.
Trustworthy & Impartial: No history of conflict with beneficiaries, no financial misdeeds.
Local (ideally): Lives near the probate county so they can attend court hearings if needed.
Long-Lived: A younger adult who will likely outlast the probate process (which can last up to two years).
Willing: Always ask first—many people decline the role if they’re unable or uncomfortable.
If you need help evaluating your choices, we can offer additional guidance or suggest a professional fiduciary if no family member is suitable.
8. How often should I review my Will?
At a minimum every 3–5 years, or whenever you experience:
Marriage or Divorce (add or remove spouses as beneficiaries or agents).
Birth or Adoption of a Child/Grandchild (update guardian nominations).
Major Asset Changes (buying or selling real estate, new business venture, significant increase/decrease in net worth).
Relocation Out of Texas (some states have different execution rules; your Will might need adjustment).
Death of a Beneficiary or Executor (name a successor).
We strongly recommend enrolling in our Estate Plan Maintenance Program (detailed on its own page) so you receive automated reminders and streamlined amendment support.
9. Will my Will be valid if I move to a different state?
Texas Wills comply with the Uniform Probate Code and are generally recognized in other U.S. states. However:
Execution Formalities Vary: Some states require three witnesses instead of two, or a different notarization process.
State-Specific Laws: Trusts, homestead rights, spousal elective share rules, and community property laws differ.
Probate Process Differences: Even if your Will is valid, certain bequests (e.g., to a spouse in a community‐property state) may not carry out exactly as intended without a custom revision.
Bottom line: Your Texas Will remains valid, but to ensure it works flawlessly in your new home state, you should schedule a quick review with us after relocating. We’ll confirm compliance and make any necessary tweaks.
10. What is the cost to draft a Will?
At Leeds Law Firm, we offer flat‐fee pricing for simple to moderately complex Wills, because we believe transparency prevents sticker shock. Generally:
Basic Will (no minor children, modest assets): $X (typical range: $750–$1,500)
Will with Minor Guardianship Provisions: $X (typically $1,000–$1,500)
Pour-Over Will (for Trust clients): Usually bundled at no additional charge when you purchase a Trust Plan.
If you have complex assets (business interests, multi-state real estate, large or blended family), fees may be higher (up to $2,000) to account for extra drafting and consultation time.
All fees include: initial consultation, drafting, two rounds of revisions, and final execution guidance. No hidden costs—if you need more complex services (like funding a Trust or drafting ancillary documents), we’ll quote those separately beforehand.