We can’t say it enough…Everyone needs a will.
In this article, we will discuss the various scenarios, we have encountered as estate planning attorneys and probate litigation attorneys who stress the importance of having an estate plan.
1. Imagine that you have been married for more than 30 years, but you have children from a previous marriage. Do you know if you don’t have a willYour husband of over 30 is not getting the house you bought together?
2. Imagine that when you were younger you put your child up for adoption. She later married and had two children. You have been married for over 35 years. Do you know if you don’t have a will Your spouse over the age of 35 does not own the house or any of the assets or property that you purchased during your marriage? Your child, which you gave up for adoption, now has an interest in all of your possessions.
3. Imagine that you are married and divorced. Then you marry again. You have been married for 15 years. You started a business with your “new wife” and purchased several pieces of real estate during your marriage. Do you know if you don’t have a will And you have never been divorced from your first husband, is your current marriage of 15 years void? It’s as if it never happened. You are not legally married. Whoever you thought was your ex is now entitled to your assets.
4. Imagine that you are married, divorced, and had 3 children during your marriage. Even though you have an old girlfriend who recently moved in with you, your intention is to leave all of your possessions to your children. You had no intention of getting married again. Do you know if you you have no will, Can your girlfriend make an argument that you were married under common law? If you succeed, you will own your assets with your children. And if it doesn’t work, your estate has paid a heavy price in attorneys’ fees to fight the prosecution.
As a probate litigation attorney who handles competitions and validation of probate, wIts been on both sides of these potential conflicts. Please keep an eye out for future articles focusing on probate litigation, contests, and trust litigation.
The bottom line is that you need a will. The more information we receive as we prepare for your will, the better equipped we will be to mitigate these potential conflicts. One thing we’ve found as estate planning attorneys is that one size doesn’t fit all. Each case is a fact specific to the circumstances and the parties involved.
Whether you are looking for an estate planning attorney or a litigation attorney, be sure to hire someone who is qualified and experienced in your specific situation.
Have you found yourself in a situation similar to one of the above scenarios? Need the guidance of an estate planning or Ten Commandments litigation attorney in Dallas, Texas?
Call our office at 214-559-7202 Or contact us online to schedule a free consultation.