Here is an easy question. Everyone has a Will, don’t they ?
Would you believe that, according to polls and surveys:
75% of Americans DO NOT HAVE A WILL !
Many people assume that, according to the laws of intestate succession, their surviving spouse will, automatically, own all
of their property when they die. However, currently, if you have children from another relationship,
THAT IS NOT CORRECT !
Your children will inherit your portion of the community property subject to Probate, and your spouse will be sharing your separate property, which is subject to Probate, with your children from another relationship,
At times, the designation of a beneficiary or terms of a trust may be invalid, and the assets will become part of your Estate,
to be distributed according to the terms of your Will. If you don't have a Will, the State will distribute your property.
Even if you believe all your assets have beneficiary designations or will be distributed by a trust, it is advisable to have a will – generally, assets without a beneficiary designation enforceable by law, will revert to your Estate for distribution through the Probate Court, and assets are often not properly re-titled for a trust.
The Law Office of Sheila O’Connor Allen will draft a will immediately for your signature
For your convenience, attorney Sheila O’Connor Allen will complete all document assembly and execution at her office, or at
your location if you so desire.
Here is another easy question:
If you are married many years, you can make all decisions regarding your spouse.
Although you may be married for many years, you do not have full authority to make decisions regarding your spouse!
There are measures to resolve emergency medical needs, but ongoing placement and care will require a Medical Power of Attorney
and a Durable Power of Attorney. In order to place an incapacitated spouse in a nursing home, if you do not have a Power of Attorney, you will need a Guardianship – an expensive lawyer-intensive court process.
The Law Office of Sheila O’Connor Allen can assist you in selecting the most economical and appropriate Probate process.
(As of January 1, 2014, the new Estate Code replaced the Probate Code in Texas.)