3 Important Tips
From Attorney,
May Yang
1. When you have a minor child, it’s important to put a Will in place so you can choose a guardian for the child should something happen to you (and your spouse, if applicable). Otherwise, you are looking at a costly guardianship court case.
2. When you have assets (particularly real property) and would like to see them go to a specific charity, entity, or person, it is important to have a Will in place. Otherwise, no real property in Texas will pass without a court hearing in which the Judge will identify who are the heirs even if you never intended to leave anything for that one heir. If you have a Will, no attorney ad litem is appointed to represent the “unknown heirs” and the case could potentially be finalized within a 2 month period. If you do not have a Will, then an attorney ad litem will be appointed, which can increase the cost of probating to another $1,500, and the case can get dragged on for months and even years.
3. When you have a disabled child (regardless of age), it is important to have a Will in place that will provide for the child’s care after you have passed to avoid the child becoming a ward of the court/county/state.