Drafting a will is important, but if mistakes are made, it can result in legal disputes, emotional and financial challenges for your family, and other serious consequences. Overlooking state laws, failing to review and update your will, and neglecting to account for contingencies can result in family disputes and even render important provisions in your will invalid. Working with a Houston estate planning lawyer can help you avoid the most common mistakes, which are outlined below.

Not Regularly Updating Your Will

Too many people draft a will, store it, and do not think about it again. This is a big mistake. The only constant in life is change, and when your circumstances change, it is also often necessary to make changes to your will. You should review your will any time there is a change in your family circumstances, such as a birth, death, marriage, or divorce. You should also review your will any time your financial circumstances change significantly, such as if you purchase a home.

Not only is it critical to review your will at certain times, but it is also just as crucial that you make any necessary changes properly. Simply writing in changes or notes is not enough. You must create a codicil, or amendment to the will, or draft an entirely new document. Each of these must be signed and witnessed to be valid.

Using Ambiguous Language

The language used in your will must be very specific to ensure there is no confusion. For example, if you leave all of your property to ‘your children’ without naming each of them, it can unintentionally exclude your stepchildren. Likewise, vague descriptions such as ‘all of my property’ without listing each asset can leave the instructions open to interpretation, creating confusion about what you truly meant.

To prevent these issues, it is important to use specific and precise language. For example, instead of saying ‘my rings,’ say ‘my wedding ring’ and include the full name of the recipient and their relationship to you.

Failing to Account for Debt

Before your estate can be distributed after you pass away, your debts must be settled. Large debts, such as a mortgage, can minimize the value of an estate and impact the inheritance your beneficiaries will receive. For instance, if you leave one of your children an investment portfolio valued at $500,000 but it has a loan of $100,000 attached to it, they will only receive $400,000. Failing to account for the debts can result in certain beneficiaries inheriting property that is reduced in value.

To avoid these issues, you should clearly state within your will how you want your debts to be handled. A Houston estate planning lawyer can help with this. You can stipulate that you want certain property to be sold to cover your mortgage, loans, credit cards, and other types of debt.

Including Non-Transferable Property

Contrary to what many people think, you cannot include all of the property you own in your will. You can only include property you own and that is solely in your name. If you co-own property with someone else and you pass away, it will automatically transfer to the surviving co-owner. Additionally, you cannot include property that has a designated beneficiary, such as certain bank accounts and life insurance policies. 

To avoid confusion and ensure that no part of your will is deemed void, it is important to consult with an estate planning attorney. A lawyer can help you create an inventory of your assets and determine which ones to include in your will.

Choosing the Wrong Personal Representative

Your personal representative will have many responsibilities after you pass away. They must settle your debts, distribute your property, and handle many other legal matters. If you appoint a personal representative who is inexperienced or unreliable, it can create delays and cause disputes. Someone who is not equipped to handle these tasks may mismanage your estate, make poor decisions, and fail to follow proper legal procedures.

To ensure you choose a personal representative who is equipped for the task, it is critical to choose someone who is trustworthy, organized, and who can manage both emotional and practical demands. Although many people choose a close family member or friend, you may also consider a professional personal representative, such as an attorney, who has the necessary experience to manage your estate.

Not Understanding State Law

Like all states, the law in Texas provides many requirements that wills must meet in order to be considered valid. These requirements are as follows:

• Wills must be typed or handwritten. If a will is handwritten, it must be entirely in the testator’s handwriting.
• The testator must sign the will. Someone else may sign on their behalf, but only if the testator is present and directs the signature.
• Two witnesses, who are credible and at least 14 years old, must sign the document in the presence of the testator.
• The testator must be of sound mind and voluntarily create and sign the will.

To ensure that your will is legally valid, it is critical to work with a Houston estate planning attorney who can advise on the laws in Texas and execute your will properly.

Not Including Contingencies in Your Will

Reviewing your will periodically is important, but there may be times when you do not have a chance to do so before you pass away and after a significant life event. For example, you may outlive a beneficiary you included in your will. This can create unnecessary delays and confusion. To prevent this from happening, it is important to include contingencies, such as alternative beneficiaries and detailed provisions that cover unexpected situations.

Our Estate Planning Lawyer in Houston Can Help You Avoid Mistakes

If you are about to draft a will, you need legal help. At Integrity Law Group, PLLC, our Houston estate planning lawyer can review the facts of your case, execute your will, and ensure no mistakes are made so your wishes are respected. Call us now at (832) 280-8874 or fill out our online form to schedule a consultation and to learn more about how we can help.

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