You may think that it isn't really worth your trouble to get a will.  Here are some reasons why people usually don't think they need one: 

  1. I don't really have very much to pass on
  2. I'm young, and in college, or just starting out
  3. Everything will go to my spouse anyway
  4. I don't have any minor children

 Even if you are in one of the situations listed above, you still should have a simple will.

 Your estate may not be large, but you probably have at least one bank account, one car, a home, or some personal property such as jewelry, appliances, electronics, pets and such.   If you own ANYTHING that is in your name or you have anything in your possession, (or you are about to), you should have a properly drafted and executed will. 

Once filed and approved by the probate court, the person of your choice will have the legal authority to manage your estate, for example:           

1.      To enter the premises of your property

2.      To open your safe deposit box

3.      To distribute your bank accounts

4.      To transfer the title of your car, boat or home to the person or persons that you choose

5.      To care for your property and manage it

 Of course, not every will needs to be probated. But it is always best to have a valid will available.  Then, when you die (and we all will someday!), probate can be filed if it is needed. If a probate filing is not needed, no big deal. But if it is necessary, it will be too late to do anything about it once you're gone!  

Here are some situations that you DON'T want to happen, but could, if you don't have a will: 

1.      Your best friend wants to take your pet and that was your agreement but your "heirs at law" (think of them as relatives who get to make the decisions for you because you didn't have a will) won't allow it.

2.      No one can prove their entitlement to your bank account and so it ends up as "unclaimed property" of the State of Texas.

3.      Your family takes a home or other property for themselves and your live-in partner of several years has no say in the matter.

4.   People you love fight over your things and relationships are damaged 

 If you have a minor child, please, please, please have a will!!  You should ALWAYS have guardianship and trust provisions for your minor child.  I have blogged about this before because it is so very important!

 Now, who should you get to draft your will?  I believe that because this is such an important document, it is worth having an attorney draft it for you.  I have reviewed many wills that people drafted on their own, or with the help of forms.  Some of them have been adequate to file with probate court, some have not.  By the way, if the will "fails" in some way by being legally inadequate in the drafting or in the way it is signed and witnessed, it may prove useless.  In that case, the estate will be treated as "intestate" (without a will).  Here come those "heirs at law" again making decisions for you that you wanted to make for yourself!

 When looking for a lawyer to help you with your will, choose a reputable firm with experience.   Choose a firm that will sit down with you and discuss your needs, and answer your questions.  Choose lawyers that will help you understand what you are signing in plain English, or in your own language if you don't speak English well.  Choose a law firm that will schedule the signing of the will for you, with the proper number of witnesses and a notary.   

 I just happen to know of a firm like that.....

 Kalish Law Office is proud to provide such services to our clients.   For your initial consultation, we have evening appointments or telephone consults available by appointment.  We also have an attorney and paralegal that are fluent in English and Spanish.