Wills & Estate Planning


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February 21, 2019

Why do I need a Will?

In Texas, property is characterized as separate or community. Separate property is that which is owned before marriage or acquired during marriage by gift or inheritance. Damages awarded during marriage from a personal injury lawsuit, except damages representing the loss of earning capacity, also are Separate property. Community property is all other property, other than separate property, which is acquired by either spouse during marriage.

If a person dies without a will, the law disposes of his or her property. The distribution is determined by how closely the heir was related to the deceased, not by how wonderful one was to the deceased.

Because one usually has an idea of how he or she would like his or her property to pass to others, undesired results can arise if one dies without a will. Dying without a will, risks that the property will not be inherited as the deceased wished, and can tie up assets for an undetermined amount of time.

Directive to Physicians, Family, or Surrogates (Living Will)

Texas law allows any competent adult, by signing a directive to physicians and family or surrogates (a living will), to instruct his or her physician to withhold or withdraw artificial life-sustaining procedures in the event of a terminal or irreversible condition. The directive takes effect only after a patient’s physician determines that death is expected within 6 months without application of artificial life-sustaining procedures. If you desire that your life not be artificially prolonged in the event of a terminal condition, you should consider signing a living will.

The Perkes Law Firm has over 20 years’ experience in preparing wills for its clients. Death never occurs in a timely manner, protect your loved ones and estate by executing a will. Call us today.

What a Will Can Do

A testator is a person who leaves a will in force at his or her death. A will is a legal instrument which states how one’s property is to be distributed at death. A valid will avoids many of the problems that may arise from dying without a will and allows a person to leave property to the persons he or she desires.

In addition to naming the recipients of the testator’s property, the will also designates the individual(s) who will manage the property and care for minor children. In larger estates, the will often contains provisions to minimize estate taxes.

For more in depth information about wills, estates and living wills:

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