Every Texan Needs a Will — Including You, Gen Z and Millennials

While wills are not our main priority on the list of things that occupy our minds and time, they are an essential document to have prepared. A will can make a huge difference in who ends up with your estate at the time of your death.

Sometimes, a will may seem unnecessary because everything can go to your family, girlfriend, or best friend, right? Well, it can if you create a will. But without a will, your family will face turbulent waters after you pass trying to deal with the distribution of your belongings.

An overview of how wills work and what happens when you die without one.

A will is a legal document expressing a person’s wishes regarding how their estate (their belongings) will be distributed after their death and which person can be trusted to manage the property until its final distribution. You’re creating a plan about who gets what regarding your belongings.

“Property” isn’t just your home, it’s all your belongings

When older generations create wills, they include years worth of belongings and, most likely, properties such as a home to go with it. Typically, at this point, they have kids and even grandkids as heirs. Since most Americans create wills relatively late, younger generations believe they don’t need a will if they don’t have physical property, children, or a lifetimes worth of possessions. However, that can’t be further from the truth!

Here’s what is considered your property, even if you don’t own a home:

All the stuff you own and love needs to be distributed after your death, and a will allows you to specifically state who gets what.

• Your belongings (furniture, clothes, memorabilia, etc.)
• Social media accounts
• Bank accounts
• Any investments you may have
• Vehicles
• Pets

What happens when you die without a will in the State of Texas

Say you or someone you love ends up passing without a will. By law, this means the person has died intestate, meaning without a will. When this happens, each state has its own rules on what happens to the person’s estate.

In Texas, when someone dies intestate, Texas law says who will inherit their property.

Chapter 201 of the Texas Estates Code is about “intestate succession.” This term means how property should be distributed when someone dies without a will. The code lists factors that should be considered, including whether:

• They left behind a spouse
• The property they owned was “community” or “separate” property
• They left behind other living relatives, such as children, parents, or siblings

The law states how much of the estate that goes to each family member depends on these factors. In the code, the court will use the “heirs” method to determine the inheritance of certain items, and the state can also declare an executor to handle the estate distribution.

This seems like a good standard plan; what’s the issue?

Dying intestate works out more if you live with a spouse or a family you trust, but it’s still an incredibly stressful situation to be put through, and regular family dynamics aren’t the case for everyone. Marriage rates are dropping, and family dynamics such as estranged relationships should also be addressed in wills.

For example, say you and your father have a complicated relationship and are estranged, but you and your first cousin are incredibly close. Ideally, your cousin should be higher up on the list of heirs because of their relationship with you. Dying without a will under the State of Texas would imply that the father, in this situation, could be chosen as one of the primary heirs for your estate.

Or say you and your partner have been together for several years but aren’t interested in marriage. You have built a home and a life together, including valuable possessions, pets, bank accounts, and investments. Say you pass suddenly without a will; if your partner is not listed on a will or you only have some shared accounts and assets in only your name, your partner does not get ownership of those items.

These are some of the reasons why having a will is imperative. A will ensures that all your stuff goes to the people you trust, and it also gives your loved ones an easier time because they don’t have to deal with the courts regarding your estate.

How to get started with a will

There are two ways to create a will: either do it yourself or have an attorney assist you. The State of Texas sometimes recognizes handwritten wills if they are done correctly. However, we wouldn’t recommend that or will-planning websites because of errors we found with them that could risk the will not being considered valid.

The most straightforward way to make a will is through an experienced estate planning attorney. Since they specialize in wills in their state, they will know all the codes and requirements necessary to make the will valid in your current situation.

Estate Planning services can cost upwards of $2,500, depending on the complexity of your estate. However, if you are a Texas resident, you are in luck because you can use a legal benefit plan from Texas Legal, which covers creating and updating wills! Texas Legal covers the attorney costs of legal services listed on our benefit plans. With Texas legal, you’ll be paying less than seeking out an attorney on your own, and your estate planning documents will be far more accurate than a DIY service you can use yourself.

Wills and Estate Planning Benefits with Texas Legal

Not only do we make legal services affordable, but we have hundreds of attorneys throughout Texas. We also offer free consultations in your benefit plan so you can find the perfect attorney. Get started on making a will to ensure your loved ones don’t have to deal with the unnecessary stress of distributing your estate without a will.

Our Online Attorney Finder makes it easy to find an attorney to assist you with these matters. Search by area of law and legal issue to locate a professional near you who can help you get started with your will. If you need assistance with your membership, please feel free to call us at (512) 327-1372 or email us at members@texaslegal.org.

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