Austin Probate Lawyers

Steps to Create a Will

Step One

Consult with an estate-planning attorney, such as those of Slater Kennon & Jameson in Austin, to determine if you need a simple will or a living trust. You could write your own, but it may be easily contested if a disgruntled family member wants to fight it.

Step Two

Organize, organize, organize. Outline your objectives, inventory your assets, estimate your outstanding debts, and prepare a list of family members and other beneficiaries. Clearly state everyone's relationship to you in the will. Keep in mind that you can address items not specifically mentioned in the will with a catchall phrase that states, "I give the remainder of my estate to (name of beneficiary)." If this is not included in your will, everything not named will be distributed based on Texas laws.

Step Three

You will need to include the following elements in your will:

• Guardian of your children
  • The surviving parent usually becomes the guardian but if you are a single parent or your spouse, parents, or family will be unable to care for your kids, you need to name a guardian on your own.
• Executor
  • Name an executor to oversee the distribution of your assets as stipulated in your will. Choose a family member, a trusted friend or an attorney. A trust company named as executor can keep your will and execute your wishes after your death.

Step Four

You need to update your will when necessary. Moving to a new state, the birth of a new child, or a change in marital status should prompt you to revise your will. Any old will should be destroyed as soon as a new will is drawn up.

Step Five