We can’t say it enough…everyone needs a Will.
In this article, we will discuss different scenarios, which we have encountered as both estate planning attorneys and probate litigation attorneys that stresses the importance of having an estate plan in place.
1. Imagine you have been married for over 30 years, but you have children from a previous marriage. Did you know if you DO NOT have a Will, your spouse of 30+ years does not get the house you bought together?
2. Imagine when you were younger you placed your child for adoption. You later got married and had 2 children. You were married for over 35 years. Did you know if you DO NOT have a Will your spouse of over 35 years does not get the house or any of the assets or property you purchased during your marriage? Your child, you placed for adoption now has an interest in ALL of your property.
3. Imagine you were married and divorced. You then remarry. You have been married for 15 years. You have started a business with your “new spouse” and have purchased several pieces of real estate during your marriage. Did you know if you DO NOT have a Will and your divorce from your first spouse was never finalized, your current marriage of 15 years is void? It is as if it never happened. You are NOT legally married. Who you thought was your ex is now entitled to your assets.
4. Imagine you were married and divorced and had 3 children during your marriage. Although you have had a longtime girlfriend that recently moved in with you, your intent is to leave all of your estate to your children. You never had any intention of marrying again. Did you know if you DO NOT have a Will, your girlfriend can make an argument that you were common law married? If she is successful, she will own your assets along with your children. And if she is not successful, your estate has paid dearly in attorney fees to fight the allegation.
As probate litigation attorneys who handles will contests and probate contests, we have been on both sides of these potential disputes. Please stay tuned for future articles focused on probate litigation, will contests, and trust litigation.
The bottom line is YOU NEED A WILL. The more information we receive as we are preparing your Will, the better equipped we are to mitigate these potential disputes. One thing we have found as estate planning attorneys is that one size does not fit all. Each case is fact specific to the circumstances and parties involved.
Whether you are looking for an estate planning attorney or probate litigation attorney, make sure to hire someone who is qualified and has experience with your specific situation.
Have You Found Yourself in a Similar Situation as one of the Scenarios Above? Do You Need the Guidance of An Estate Planning or Probate Litigation Attorney in Dallas, Texas?
Call our office at 214-559-7202 or contact us online to schedule your no charge consultation.