A will in the state of Texas should be a requirement for any party who has had
more than one marriage and has children from their first marriage. This is because the
scheme for dissent and distribution of a person’s property changes significantly when
there are children from a former marriage or relationship. If it is your intent to leave all
of your assets to your spouse and you have children not of that relationship your
children will take under the Texas Probate Code § 38 which entitles them to a share of
community property and your separate property, subject to a life estate by your current
spouse.
The potential for having your property end up where you don’t want it as
opposed to where you do want it is a decision you are making when you fail to contact
an attorney to prepare a will for you. The actual process of creating a will in Texas is
fairly simple and when properly done can be structured to avoid much of the expense of
probate. Texas does not have a statutory scheme whereby the lawyers are entitled to a
share of the estate or have an opportunity to have excessive billing provided you have
done the proper planning.
Please contact us if you would like to discuss your will. 940/891-4800
