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Wills Probate Texas, Wills In Probate Harris County Texas,
Living Wills Texas, Bruce will protect your rights. Call 281-583-7553, 4606 FM 1960 West Houston Texas 77069, Divorce Lawyers Spring Texas, Divorce Attorneys Houston Texas, Divorce Attorneys Spring Texas,TX,
Serving Houston TX, Spring, The Woodlands, North Harris County, Montgomery County, Conroe, Tomball, Cypress, Humble, Kingwood

Bruce Allen Buskirk, Esq.
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Bruce can represent you immediately, and in many cases have your pleadings filed the very next day.

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Wills and Probate

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Wills Probate Texas, Wills In Probate Harris County Texas, Living Wills Texas

What is a �will�? Is it the same as a �last will and testament�?
Who should have a will?
Does a will cover all my property?
What is probate?
What is the difference between a will and a trust?
What is the effect of a divorce on a will?
What is a �living will�?
I want to update my will. How do I go about it?
Does it make sense to use an attorney? Is it expensive?
How long is a will valid?

What is a �will�? Is it the same as a �last will and testament�?
A Will is a written document, generally prepared with the help of an attorney, that provides instructions for the disposition of a decedent's (dead person's) property. The term "Last Will and Testament" is simply a more complicated name for a Will.

Who should have a will?
Anyone who cares how his/her property is distributed upon his/her death, or who would handle matters for those she or he leaves behind, or be guardian for minor children. After all, "you can't take it with you".

Does a will cover all my property?
No. A Will does NOT cover all of what you may consider to be "your property". For example, if you own pension plan assets, or 401(k) plan assets, or life insurance, or annuities, or property held through a "Trust", such property and benefits would typically pass to the specific beneficiaries you have named with the manager of the pension plan, the company sponsoring the 401(k), each life insurance company, each annuity company, and in the Trust. Of course if the beneficiary of such assets is simply named as "my estate" then the Will would control who gets the property and benefits -- although this very often creates bad tax consequences and major delays and expense for your beneficiaries

What is probate?
Probate is the process by which legal title of property is transferred from the decedent's estate to his/her beneficiaries. Since you can't take it with you, the court determines who gets it.

If a person dies with a Will ("testate"), the probate court determines if the Will is valid, hears any objections to the Will, orders that creditors be paid and supervises the process to assure that property remaining is distributed in accordance with the terms and conditions of the Will.

If a person dies without a Will ("intestate"), the probate court appoints a person to receive all claims against the estate, pay creditors and then distribute all remaining property in accordance with the laws of the state. The major difference between dying testate and dying intestate is that an intestate estate is distributed to beneficiaries in accordance with the distribution plan established by state law; a testate estate (after payment of debts, taxes and costs of administration) is distributed in accordance with the instructions provided by the decedent in his/her Will.

The cost of probate is either set by state law or by practice and custom in your community. The typical cost to probate an estate is in the range of 3% to 7% of the total estate value.

What is the difference between a will and a trust?
A Trust is a way of transferring your property to an artificial legal entity or "person" before your death, while still having the use and/or control of it during your lifetime. As the Trust owns legal title to the property in it at the time of your death, and the Trust does not die with you, the property does not have to go through "probate". Probate is the legal process which inherited property goes through to transfer the title to the beneficiary. If you have a large estate, or even a small estate with real property (i.e. real estate), it is often advantageous to set up a Trust, as it usually ultimately is far less expensive. A probate lawyer can help you decided whether a Will or a trust is best for you and your estate.

What is the effect of a divorce on a will?
It depends on your state�s law. In some states, a divorce decree automatically revokes your entire Will and in others, it revokes only those provisions that made gifts to the former spouse, not the Will itself. Either way, any property arrangements in a Will (or other document, such as a life insurance policy, bank account) should always be reexamined when you contemplate a divorce.
Frequently, these matters may be required to be addressed as part of any divorce agreement or court decree.

What is a �living will�?
Living Will is the popular name for a document spelling out the general kinds of medical care you would want--or not want--in the event you became unable to communicate with your health care providers.

Other names for a Living Will are a "medical directive" or "medical declaration". It does NOT impact who gets your property or who is your Personal Representative or Guardian of your minor children.

Wills Probate Texas, Wills In Probate Harris County Texas, Living Wills Texas

I want to update my will. How do I go about it?
There are two basic choices, and professional assistance is in order for both:

(1) You can prepare and properly execute a new Will that revokes the earlier Will, or

(2) You can prepare and properly execute a Codicil to the Will. (A Codicil is a separate document that adds to and/or replaces one or more provisions in an existing Will.

The approach that makes sense depends on the specific facts and circumstances. For example, there are sometimes tax provisions that grant a preference to provisions in old Wills, but not new Wills. Or there may be a possible question about your mental competence. In such a case a Codicil would generally make sense.

While Codicils were often used in the past, now lawyers use word processing programs which are able to quickly integrate any changes you want to make -- even minor revisions -- into a new Will that is up to date. The fee for such revisions is typically very modest, and the lawyer can suggest other possible revisions to take account of new statutes, tax regulations and changes in circumstances that you may have overlooked.

MAJOR WARNING. NEVER TRY TO MAKE CHANGES IN A WILL ON YOUR OWN! Writing in the margins, crossing out words, lines, or sections of the original Will invites confusion, potential ambiguity, and likely nasty and protracted Will contests.

Does it make sense to use an attorney? Is it expensive? Only a Wills attorney who regularly practices in the fields of wills, trusts, probate and estate planning is able to provide you with really sound legal advice as you put your estate plan into place. Attorneys are subject to regulation by state bar organizations, many of which have continuing education requirements and mandatory liability insurance in case the lawyer makes a mistake.

When you speak with an attorney, you can get answers to your questions -- including how much it would cost.

Often the expense incurred in retaining an attorney to prepare and help you put an estate plan into place is worth hundreds of times what you and your family would pay with no planning or poor planning. It would also avoid the financial and emotional nightmares that can occur with a poorly drafted (or improper) plan.

How long is a will valid?
A validly prepared and properly executed Will is valid until you intentionally revoke it or prepare and execute a new Will that revokes the previous Will. In addition, a change in marital status, such as a divorce, also may impact provisions in a Will and/or beneficiary designations.

Protect Your RightsBruce is ready to utilize his Family Law background, experience and knowlege to protect and safeguard your rights.

Call Bruce Right Now! 281-583-7553 or
Toll Free 1-866-825-8633 After 5:00 PM And Weekends.

Wills Probate Texas, Wills In Probate Harris County Texas, Living Wills Texas

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Wills Probate Texas, Wills In Probate Harris County Texas,
Living Wills Texas, Bruce will protect your rights. Call 281-583-7553, 4606 FM 1960 West Houston Texas 77069, Divorce Lawyers Spring Texas, Divorce Attorneys Houston Texas, Divorce Attorneys Spring Texas,TX,
Serving Houston TX, Spring, The Woodlands, North Harris County, Montgomery County, Conroe, Tomball, Cypress, Humble, Kingwood

Bruce Buskirk Attorney 4606 FM 1960 West Houston Texas 77069 Tel: 281-583-7553

The information contained in the Bruce Allen Buskirk website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. Unless otherwise referenced the attorneys are not certified by Texas Board of Legal Specialization.

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Bruce Buskirk Attorney 4606 FM 1960 West Houston Texas 77069 Tel: 281-583-7553