Issues From Not Having a Will in Fort Worth, Texas

Most people are aware that it’s important to have a will, but nearly 60 percent of Americans, including Texans, do not have a will or an estate plan in place. Given the complicated issues that can arise from not having a will, it is wise to consult with an experienced trusts and estates attorney.

At the Law Office of Carey Thompson, PC, we provide comprehensive estate planning services to individuals, families, and business owners in Tarrant County and around Texas. Lead attorney Carey Thompson has been serving the community with the highest standards of professional excellence for over a decade. Our talented legal team is here to provide you with trustworthy advice and guidance so that you can make informed decisions about your future. 

Why not let us help you prepare a well-conceived will and explore all your estate planning options? When you become our client, you will have comfort knowing that your assets, your loved ones, and your financial future will be secure. Contact our El Paso office today to set up a consultation. 

Why do so many people not have a will?

Let’s face it: confronting our own mortality is daunting, which is the main reason many people hesitate to create a will. But having one as part of a comprehensive estate plan is about more than “who gets what” after you die. Others frequently assume they don’t need a will because they:

  • Don’t have significant assets
  • Are not married or don’t have children 
  • Believe their spouse, partner, children or siblings will automatically inherit the estate property 
  • Think they can wait until tomorrow

Regardless of the reason, not having a will is the most common estate planning mistake; everyone needs a will. A properly structured will protects your estate from being mishandled, provides for your loved ones, minimizes the risk of conflicts, and avoids unnecessary legal expenses. 

By working with an experienced Texas wills and trusts attorney, you can create an estate plan that protects your interests and helps you achieve your objectives. Trust the Law Office of Carey Thompson to help you avoid the serious issues that stem from not having a will. 

What issues can happen if I don’t have a will?

If you die without a will (intestate), your assets will be divided according to the intestacy laws of Texas, or the state’s estate plan, which prioritizes spouses, children, parents, and siblings. Without a will, the wrong people may inherit your property, and disputes among surviving family members can become a costly legal battle that depletes estate assets. 

Moreover, a will is the only way to name a guardian for your children who are minors. By not having a will, the court will intervene to appoint a guardian who may not share your values or child-rearing beliefs. 

Let’s say you are a solo boomer, and you have no children or siblings. Who will inherit your property? There are several other issues that stem from not having a will, not the least of which is potential estate taxes that may reduce the amounts your heirs receive.  

If you do not have a will, someone who has an interest in the estate, or legal standing, (e.g. spouse, adult child, or sibling), will need to ask the court to be appointed estate administrator. This means you leave the distribution of your assets and the care of your children up to others, or a judge, who may make decisions that don’t fulfill your wishes. 

Finally, without a will, as well as other important estate planning documents, such as powers of attorney, your assets and well-being may be at risk if you become incapacitated and cannot make financial or medical decisions. With so much at stake, it is crucial to have a well-conceived estate plan in place, and it starts by having a will. 

Why You Need an Attorney to Prepare a Will

Some may be tempted to “do it yourself” a download form will document from the internet. But this is another common estate planning mistake — as is not consulting with an experienced wills and trusts attorney. The best way to create a will that will pass legal muster and protect your assets is to work with the team at the Law Office of Carey Thompson.

We have in-depth knowledge of the Texas Estate Code and will work closely with you to create a legally enforceable will as well as other essential estate planning documents. While having a will is the first step, you may also benefit from establishing trusts that can help to avoid probate, provide for a loved one with special needs, and protect your assets from creditors’ claims and estate taxes. 

We know planning an estate can stir up mixed emotions, but having a will as the cornerstone of your estate plan is the wise and responsible thing to do. Let us guide you through the process and provide you with the compassionate, efficient representation you need and deserve.

Contact Our Experienced Texas Wills and Trusts Attorney

Don’t wait any longer to plan your estate. Turn to the Law Office of Carey Thompson so we get to work preparing your will so you are prepared for the future. We are conveniently located in El Paso, but can easily arrange teleconference consultations. Contact us today to set up an appointment.