Why You Need a Will

What Is a Will, and Why Do You Need One?

A will is a document that allows you to decide where your property will go upon your passing. It’s essentially your final declaration—your will for what you want to happen when you’re gone.

Why Should You Have a Will?

If you don’t create a will, state law decides how to distribute your assets. While each state has default inheritance rules, these may not reflect your wishes or unique family situation. State legislatures can only apply general guidelines and don’t know the specifics of your family’s dynamics or relationships.

Creating a will gives you control over who receives your assets, and you get to choose a trusted individual, known as the executor, to manage your estate. This distinction is essential: executors handle wills, while trustees manage trusts.

A Real-Life Example: The Importance of a Will

To illustrate why having a will is so crucial, let me share a story.

An elderly woman came to my office after her husband of 50 years passed away. They had one child together, and she didn’t have a will. Under Texas law, when a person passes without a will, we need to go through a determination of heirship to identify the legal heirs and distribute the estate accordingly.

During this process, the court assigned an attorney to investigate the heirs. A month into the process, the attorney discovered that the husband had a child from a prior relationship—a child he had never met. This child was legally entitled to a portion of his father’s estate. Texas law dictates that in such cases, community property does not automatically go to the surviving spouse but is instead divided among the children.

This unexpected situation meant that the husband’s estate would be split between his two children—their daughter and the child from his previous relationship—leaving his wife with less than she expected. If he had simply created a will, the entire estate could have been distributed according to his wishes, avoiding this complication.

Avoiding Common Problems with Blended Families

Today, many families are blended, with children from prior relationships. Without a will, the law may divide assets in a way that doesn’t reflect your intentions, leading to potential conflicts. A will lets you take control, directing your assets to the right people and appointing someone you trust to handle the process.

In Summary: Take Control by Creating a Will

Creating a will is one of the simplest ways to ensure your assets are distributed according to your wishes. It gives you the power to choose who manages your estate, who benefits from it, and how each part of your property is handled.

By planning now, you can prevent future confusion, protect your loved ones, and maintain control over your legacy.