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If you have made a valid Will, congratulations. Many people, for one reason
or another, have not gotten around to preparing a Will. Unfortunately, it is not
the person who dies without a Will who suffers – it’s their family.
If you die without a valid Will, the State of Texas decides who should inherit
your property. Sometimes that turns out to be the people you wanted to inherit
from you. Sometimes it doesn’t turn out that way at all. Remember, no one’s
going to ask your opinion after you die!
So the good news is – you do have a Will. The bad news is – that Will may be
out of date when you die.
We recommend you review your Will every two or three years, and consider changes
in your family situation or financial circumstances. Here are some specific
situations which should prompt a review of your Will:
You move to a different state.
You change your mind about who you want to inherit a significant portion
of your property.
You get married or get divorced.
You have a baby.
You purchase or sell a home.
Your children all turn 18.
A beneficiary or guardian or executor dies.
There are two ways to update your Will. You can add a Codicil to an existing
Will, or you can just make a new Will.
You cannot simply mark through and add to a Will. Any changes must be signed and
witnessed just like an original Will. For that reason, it normally makes more
sense to just write a completely new Will than to try to go back and add a
Codicil. Additions to a Will can create conflicts in the language and complicate
probate of the Will.
If you do make a new Will, be sure to destroy all copies of the old Will so
there won’t be any questions about which one is valid.
If you have questions about Wills or Probate, please call us and we'll be happy
to help you.
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