Pros and Cons of Having a Will

Most people want to take care of their family even after they’re gone. Creating a last will and testament can make sure that your assets pass to your chosen beneficiaries upon your death. That way, there won’t be any confusion about what assets you intended to go to which person.

Drafting a last and will and testament isn’t as complicated as you might think. If you want peace of mind knowing there won’t be any confusion about what happens to your property after you pass away, you should hire an estate planning lawyer and begin the process of creating a will today.

Every part of an estate plan has its advantages and disadvantages. A will is no different. There are pros and cons you should consider if you’re thinking about setting up a will.

Pros of Having a Will

The advantages of creating a last will and testament include the ability to:

• Distribute assets how you want – Any property you leave behind will transfer to your named beneficiaries. If you don’t create a will or choose beneficiaries for your estate, the assets will likely be distributed by intestate succession. That means specific heirs will receive your assets according to state law. Creating a will allows you to control who gets what, so you can avoid family disputes.
• Choose a guardian – If you have minor children, you can choose a guardian to assume their care after you pass away. When you draft a will, you can name a guardian and set aside money for them to use to provide for your children. A guardian prevents the child from ending up in foster care or with a family member you don’t want to entrust your children to.
• Appoint an executor – You can choose an executor to manage your assets according to your will when you’re gone. The executor is an individual who handles all aspects of the will by paying debts, distributing assets according to the deceased’s wishes, and closing the estate properly. You don’t have to worry whether your surviving family will honor your wishes when you have a trusted executor to manage your estate on your behalf.
• Create a plan for your pets – Pets are like family to most people. Whether you have a dog, cat, hamster, or lizard, you probably want to know they’ll end up in a loving home when you die. You can use your will to indicate who you want to assume care of your pet upon your death. You can also set money aside so the guardian you choose can pay for food, toys, vet appointments, and other necessities.

Cons of Having a Will

Although a will is beneficial for most people during estate planning, it can also create some challenges. The most common disadvantages of having a last will and testament include:

• It’s public – Once a will enters probate, it becomes a public record. That means anyone can search online for the legal documents and find out the assets you owned when you died. If an estranged relative isn’t included in your will, they could pursue legal action, delaying the process of distributing your assets to your chosen beneficiaries.
• Time-consuming probate – Your estate will likely have to go through probate after you die. That means your loved ones can face a lengthy process to get the court to validate the will so they can receive the assets you left them.
• Incapacitation doesn’t apply – You can’t use a will to appoint someone to take care of your medical, legal, and financial matters if you become incapacitated and can’t make your own decisions. A will only becomes effective upon your death.
• Court procedures in multiple states – Unfortunately, your beneficiaries can’t go through the probate process just one time if you have property in other states. They must submit your will for probate in each state where you own assets.

Contact an Estate Planning Lawyer from Staubus and Randall

At Staubus and Randall, we have over 100 years of combined experience helping our clients with their estate planning. We will use our resources and personalize our services to meet your specific needs. When you hire us, we can review the circumstances of your estate and draft a will that can protect your assets and family.

You should not attempt to create an estate plan on your own. The option might seem appealing because it saves you money, but you could open yourself up to serious problems down the road. If you don’t draft the documents correctly, your will could be invalid, allowing relatives to sue your heirs for the assets you left behind. Additionally, a poorly drafted estate plan can cause confusion about your final wishes.

If you want to create a last will and testament, do not hesitate to contact Staubus and Randall at 214-691-3411 to schedule a consultation with one of our Texas estate planning lawyers.