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Austin Wills Attorney

Clearly Express Your Wishes

An individual identifies beneficiaries and designates how property will be distributed in a Last Will and Testament. This is a legal document that ensures that your estate is distributed to your heirs, according to your wishes. If you need a wills lawyer in Austin, the Schwab Law Firm offers legal services to meet your needs.

Call (512) 359-3391 to learn more about wills and estate planning.

Types of Wills in Texas

There are two types of wills that are recognized by the state of Texas:

  • Attested will: As one of the most common types of wills, your wishes are expressed in writing and the will is signed by you and at least two witnesses.
  • Holographic will. A holographic will is written in your own handwriting and signed. Witnesses are not needed for this type of will.

Requirements for a Valid Will

A will may be simple or complex, depending on your situation, the size of your estate, number of beneficiaries, and whether you have any minor children.

For example, if you have minor children, you will need to designate a legal guardian. An executor can be named to manage your estate, pay debts and expenses, and distribute your estate to your beneficiaries.

In order for a will to be valid, you must have:

  • Legal Capacity – An individual must be at least 18 years old, be married, or a member of the United States armed forces to have the legal capacity to make a will.

  • Testamentary Capacity – This requires that the person making the will is of “sound mind.” The person making the will must understand the effect of the will, the extent of their property, be able to understand what is happening, that they are disposing of assets, and be able to form a plan.

  • Testamentary Intent – At the time you are making the will, it is your intent to distribute property according to what is stated in that will at the time of your death.

  • Signing & Witnesses – Of course, your will needs to be signed. It may or may not need witnesses, depending on the type of will.

It is essential that your will meet all requirements of Texas law. If it does not meet these requirements, the will may be declared invalid by the court. Your estate could be distributed in accordance with statutory requirements, rather than your last wishes. For this reason, you should meet with an Austin wills lawyer to make sure your estate and loved ones are protected.

Contact our law firm at (512) 359-3391 to schedule a 30-minute consultation.

More than Qualified to Handle Your Case

Why We're the Firm to Trust?
  • Personalized Representation

    Attorney Schwab will put extreme attention to detail towards your case to reach a favorable outcome on your behalf.

  • Over 15 Years of Experience

    You can trust Attorney Schwab's seasoned legal counsel to guide you through the complexities of your case.

  • After-Hour & Weekend Appointments

    Can't make a weekday appointment? Schwab Law Firm will accommodate your schedule.

  • Free 30-Minute Consultations

    Attorney Schwab will gladly lend his invaluable insight for the benefit of your case.