Wills Attorney in Houston, TX

An online will can be valid in Texas, but only if it's signed exactly right, and many aren't. A Texas will needs your signature and two witnesses age 14 or older who sign in your presence, and most templates don't add a self-proving affidavit. Forms also miss Texas-specific choices, such as naming an independent executor, waiving bond, and planning for community property in a blended family. Problems usually surface after your death, when nobody can fix them. A flat-fee will drafted under Texas law costs more up front and much less when your family needs it.

Yes. Texas accepts a holographic will, which is written entirely in your own handwriting and signed by you, even without witnesses. The catch comes at probate. Unless the will includes a self-proving affidavit, two witnesses must testify that the handwriting is yours, which can be hard years later. Handwritten wills also tend to use vague language, leave out an executor, or skip guardian choices. A handwritten will beats having nothing, but it's a weak substitute for a properly drafted and witnessed will.

Texas law decides who inherits, using a formula that may not match your wishes. The results surprise many families, especially blended ones. If you're married and have a child from a prior relationship, your half of the community property goes to your children, not your spouse. Without a will, a court also chooses who administers your estate and who becomes guardian of your minor children, and the administrator usually must post a bond. A will replaces those defaults with your own choices.

No. A will still goes through probate, but Texas makes that process simpler than many states do. A will can name an independent executor, which lets your executor settle the estate with far less court supervision. When an estate has no unpaid debts other than those secured by real estate, a court can admit the will as a muniment of title, which transfers property without appointing an executor at all. Assets with a named beneficiary, such as life insurance and retirement accounts, pass outside the will entirely.

Name someone who is organized, trustworthy, and likely to outlive you, plus at least one backup. Your executor gathers assets, pays debts, and distributes property, so financial reliability matters more than family rank. Many people choose a spouse or adult child. Living in Texas isn't required, but an executor who lives out of state must appoint a resident agent for service of legal papers. Francisca can help you weigh the options and draft backup choices in case your first choice can't serve.

Yes. Your will can name the person you want to raise your minor children if both parents are gone, along with backups. Texas also lets you sign a separate Declaration of Appointment of Guardian, which can name who should serve and who should never serve. Courts give these choices strong weight. Without them, a judge decides, and relatives may disagree. Francisca includes guardian designations for minor children in every plan where they apply, and she can set up a trust so a child doesn't inherit everything outright at 18.

Keep the signed original somewhere safe that your executor can reach, such as a fireproof home safe. Texas probate generally requires the original will. If it can't be found, a court may presume you revoked it, and proving a copy is harder and more expensive. Texas also lets you deposit your will with the county clerk where you live, such as the Harris County Clerk, for safekeeping. Wherever you keep it, tell your executor exactly where it is, and keep a copy for your own records.

Review your will every three to five years and after any major life change: marriage, divorce, a birth or adoption, a death, a move, or a large change in assets. In Texas, a divorce generally revokes provisions for a former spouse, but it's still wise to sign a new will that reflects your current family. Outdated guardian or executor choices are a common problem. Francisca offers estate plan reviews for wills she prepared and for wills written by other attorneys.