One question many of our clients ask is what they can do to make things as easy as possible for their loved ones after that die. The best solution is for each individual to have a properly drafted, current last will and testament or living trust. Many people put off executing a will because of the major decisions involved, but the reality is that a valid will can prevent a great deal of discord.
If you die without having a will, Texas law controls how your estate is distributed. Simply relying on the default laws sounds like an easy approach, but it creates numerous issues for your loved ones and almost guarantees that the probate court will be involved, since no one can legally administer your estate without probate court authorization.
If you do have a will or trust, you can choose who receives your property and in what shares. If you know how you would like to leave your estate but have some concerns that some of your family might disagree with your choice, there are steps you can take to prevent a will contest. First, consult an attorney experienced with these matters and express your concerns. Do not be shy about providing all the facts – you want your attorney to be able to draft as solid a will or trust as possible, and depending on your concerns, your attorney will be able to recommend appropriate steps to take to prevent the type of contest that you anticipate.