Wills are perhaps the most common and well-known form of an estate plan. A valid will allows a person to designate how their estate must be distributed and managed upon their death.
A person must have been of “sound mind” when they created the will. This means that they understood the effects and consequences of the document and that they were not coerced or manipulated into signing it.
Generally speaking, if you live in Texas, a will is more likely to be accepted when it is signed in front of at least two witnesses. Any person over the age of 14 can act as a witness to your will, but you should select someone who isn’t a beneficiary and does not benefit from your estate’s assets.
The Importance of a Will
The San Antonio Express-News reported a story that shows the importance of preparing last will and testament with proper witnesses and documentation.
Billionaire and owner of the NFL New Orleans Saints and the NBA Pelicans, Tom Benson, announced he was changing his succession plan away from his only surviving child and grandchildren in favor of his third wife. The move triggered several lawsuits in San Antonio challenging Benson’s mental capacity to make estate decisions. His daughter has alleged that Mr. Benson is being brainwashed by his current spouse and some close business associates. The case is still being ligated.
The Benefit of a Lawyer
According to basic probate laws, the people who may challenge a will are:
(1) beneficiaries of a prior will
(2) beneficiaries of a subsequent will
(3) intestate heirs (without a will)
A qualified attorney can help prepare this important document to secure your interests and minimize the chance of it being challenged after you pass away.
Serving the greater San Antonio and South Texas areas, the expert attorneys at the Voeller Law Firm have over 35 years of experience helping families plan for their futures, protecting surviving spouses, and safeguarding assets for children and grandchildren.
Call us today to schedule a free consultation at (210) 651-3851 and get started putting your estate planning strategies in place.
