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WHO NEEDS A WILL?
As San Antonio Estate Planning Attorneys, we get the question all of the time: Do I really need a Will? Most people with a large personal net worth understand the value of making a plan for their property after death. What most people are surprised to learn is that almost everyone needs a Will or trust.
Even if you have a modest amount of property, a Will or trust is an important legal document to have. With a properly executed Will, your estate should qualify for an Independent Administration in Probate - making things much easier, less expensive, and more streamlined for your surviving family.
A Will or trust also helps ensure that you leave your property to the people of your choice. In a will you have the opportunity to name a guardian for your children and how you wish for your assests to be properly handled and protected for your children.
WHAT IS AN ESTATE PLAN?
The biggest myth we see in estate planning is the misconception that an estate plan means the same thing as a Will. In fact, a Will is almost always a part of an estate plan, but an estate plan consists of many more protections than just a Will.
A comprehensive estate plan should include legal documents such as a Medical Power of Attorney, Durable General Power of Attorney, HIPPA Release Form, Guardianship Designations, Directive to Physicians and Family Members (Living Will), among others.
These important documents are often overlooked. Though, their importance cannot be overstated. Imagine getting into an accident while traveling for the holidays? What if your family members back home weren't allowed access to know how you were doing? What if this happened to one of your kids away at college? What if your family members were left to make major life and death medical decisions for you without any idea about what you would want or who you would want to make the decision. These situations sound scary and it might be tempting to avoid thinking about them at all. But trust us, planning for them isn't nearly as scary as experiencing them in real life. Our San Antonio Estate Planning Attorneys can help create a plan that protects you and your family in life and in death.
5 COMMON MISTAKES PEOPLE MAKE ON THEIR WILLS & ESTATE PLANS
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WHAT TO EXPECT FROM THE WILL PROCESS?
The first step in the Estate Planning process is consulting with an experienced Estate Planning Attorney who you trust and who can answer your questions. In your initial strategy meeting, expect to discuss an inventory of your assets, including any real estate you own, bank accounts, stocks/investments, and vehicles. Also be prepared to discuss your goals - how do you think about your estate and who would you want to pass it down to? Make sure to point out any special circumstances that might affect your property now or in the future.
Your attorney will help spot red flags or areas of special concern to watch out for. Our goal will be to achieve your legacy goals, while protecting your family and property. There will be many decisions along the way, such as choosing an executor, guardian(s) for your kids, and people to make important medical and business decisions for you. You and your attorney will work through these decisions together. Finally, you'll sign your documents in a Will Ceremony with witnesses, your attorney, and a Notary Public present.
DO I NEED AN ESTATE PLANNING ATTORNEY?
Many people are tempted to complete their Will themselves, thinking that it's just a piece of paper containing their wishes for the future. This would be a mistake. The laws of Texas require that you follow a specific procedure for the execution of your Last Will and Testament. The document must be drafted properly, signed at the right time, in front of the right witnesses, and with the right mental capacity. Your attorney will conduct a Will signing ceremony with specific oaths and procedures that make your Will official in the eyes of the law.
Think of your attorney as a strategy guide, constantly looking out for your best interest and helping you make solid decisions that work within Texas laws. When it comes to protecting yourself and your family, you'll have the peace of mind that comes with doing things the right way.
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