Answer 1: You may or may not need a Will, depending on the assets that you are likely to own at the time of your death, as well as other considerations. My general rule of thumb is that if a person is married, or has minor children of a current or previous marriage, or owns any interest in real estate, then having a Will is a good idea. A no cost consultation with me will result in a more educated answer.

Answer 2: There are several compelling reasons why you should have a Will. (1) A Last Will & Testament, when prepared properly, insures that the assets of your estate will pass to the persons you intend to inherit your property; (2) you are able to designate the person you wish to wind up your financial affairs; (3) you are able to control how the administration of your estate will be carried out at minimal expense and time, thus greatly simplifying the process of probate for your loved ones, and (4) by having a Will, you significantly reduce the costs of administering your estate as compared to what it will cost of there is no Will.

Texas law does not require that a lawyer prepare a Will, but the Texas Estates Code and years of legal precedent requires certain formalities in the way a Will is written, in the way the provisions are stated, and the method by which a Will is signed. There are many “fill-in the blanks” forms available over the internet. However, as easy as it may be to fill in the blanks, it is just as easy to make mistakes due to a lack of legal knowledge. The money saved by purchasing a “form” will be very small when compared to the costs that can be incurred if there is a contest over the interpretation of a “form” Will. At the minimum, if you have signed a “form” Will, or think you may do so, have an attorney review the document to insure that the document will be in compliance with Texas law and will carry out your intent.

No. It is the nature of your property that is mostly considered in making this decision. A Will is particularly useful when property is “titled”, such as real estate, automobiles, property owned with others, stocks and bonds or other investments.

This is a significant reason why a person in this situation should have a Will. If a person dies without a Will, in many instances, children of a former marriage have a right of inheritance of certain types of property. Consultation with an attorney is highly recommended to provide clarity to this issue and insure that your property will pass as you intend.

No, not absolutely. There are many reasons why a Will may be contested but your Will can provide that unless just cause exists for contesting the Will, or if the action is not brought in good faith, a beneficiary can lose his or her right of inheritance. At the minimum, such a provision will give a person motivation to reflect on whether or not he or she might actually contest the Will.

Not necessarily. However, it is a good idea to have what is referred to as a Pour-Over Will, to insure that if you own any property at the time of your death that has not been properly transferred to the trust, then such property will be transferred to the trust at the time of death. Without such a Pour-Over Will, the property outside of the Trust will go to other heirs. Additionally, if you own any property outside of a Trust that you want to pass to a specific person, a Pour-Over Will can contain such a provision.

Most definitely. Each of the powers of attorney are for separate purposes. An agent under a Durable Power of Attorney does not give the agent the right to make health decisions for the principal. Nor does an agent under a Health Care Power of Attorney have the right to make property decisions for the principal. Each document is for separate purposes.

If you are incapable of making a life or death decision because of illness or injury, the medical providers have no other alternative but to keep you alive by whatever medical means are available.