Wills

What is a Will?

A Will is a written document that directs how a person’s property will be distributed after death. It also appoints someone to handle final affairs, called the Independent Executor. Without a valid Will, the laws of the State of Texas decide who gets what — and that may not match what you intended.

Many of the same goals can also be accomplished with a Revocable Living Trust (RLT).
A Revocable Living Trust is almost as strong as a Will itself. Think of the RLT as the center of a wheel, with spokes reaching out to different parts of your estate. Both documents are important parts of a complete plan.

Why Having a Will Matters

Having a Will in place brings peace of mind.
It ensures that your wishes are followed and that your loved ones have a clear path to settle your estate. It can also help avoid unnecessary family disputes by laying everything out plainly and legally.

What a Will Can Do

• Name guardians for minor children
• Provide specific gifts to friends, charities, or family members
• Create trusts for beneficiaries who may need extra protection or management of their inheritance

What a Will Cannot Do

A Will does not avoid probate.
Probate is the legal process that validates the Will and allows the Executor to collect, manage, and distribute the estate’s assets. Probate can be time-consuming, expensive, and becomes part of the public record.

For this reason, many people use a Will in concert with a Revocable Living Trust to simplify the process for their families.

Pour-Over Wills

Even if you have a Trust, a simple Will is still necessary.
It acts as a safety net to catch any assets that were not properly transferred into the Trust during your lifetime. This type of Will is often called a “Pour-Over Will” because it “pours” anything left outside into the Trust at death.

Who Needs a Will?

Everyone should have a Will, no matter the size of their estate.
Life is unpredictable, and a Will is an important act of care for your family and those you leave behind.

It’s also important to review and update your Will after major life changes like marriage, divorce, the birth of a child, or significant changes in assets.

A Simple Example

Tom’s Story
Tom was a single father with two young children. He assumed everything would naturally pass to his kids if something happened to him, so he never made a Will.
When Tom unexpectedly passed away, his estate had to go through probate without clear instructions. This delayed the children’s access to needed funds and caused unnecessary stress during an already difficult time.
A simple Will would have named a guardian for the children and made the entire process faster and easier for everyone involved.

How a Will Compares to Other Estate Planning Documents

A Will is just one part of a complete estate plan. Other documents work alongside it to handle different needs:

• Revocable Living Trust: A Trust helps you avoid probate and manage assets during your lifetime and after death. Even if you have a Trust, you still need a Will to catch any assets that aren’t transferred into the Trust. Learn more about Revocable Living Trusts.
• Medical Power of Attorney: A Will only goes into effect after death. A Medical Power of Attorney lets someone you trust make healthcare decisions for you while you’re still living if needed. Learn more about Medical Powers of Attorney.
• Durable Power of Attorney: A Durable POA stays effective even if you become incapacitated. It’s crucial for allowing someone to manage your finances and legal matters if you can’t. Learn more about Durable Powers of Attorney.
• HIPAA Authorization: A Will doesn’t give anyone access to your medical records. A HIPAA Authorization ensures your chosen people can get the medical information they need. Learn more about HIPAA Authorizations.
• Do Not Resuscitate (DNR) Order: A DNR is a separate medical document that tells healthcare providers you do not want CPR or life-saving measures if your heart stops. It must be signed by both you and your doctor and is usually used in hospital or hospice settings.

Each of these documents plays a different role, but together they form a complete plan that protects you, your loved ones, and your assets — both during your lifetime and after.

Final Thoughts

A properly drafted and regularly updated Will is one of the most important building blocks of a sound estate plan.
However, to truly protect your family and avoid probate complications, you really need both a Will and a Revocable Living Trust working together.