Last Will and Testament

A "Will", or "Last Will & Testament, is the vehicle by which you control the disposition of your property and the orderly settlement of your worldly affairs upon death. It is the device used to pass your legacy to the person(s) you choose. The Last Will & Testament is expressly designed and intended to become effective only upon the death of its maker. Under Texas law, it can have no legal effect unless and until it is admitted to probate.

If you would like us to prepare a Last Will & Testament for you, please complete the following Will Questionnaire. Upon receipt of the completed form, we will contact you to give you a quote on the cost of the documents you request, to obtain any additional information we may need to complete the documents, and to schedule an appointment for you to execute the documents.

For further information, please view our question and answer page. If you have any questions, please do not hesitate to include them on the Will Questionnaire, or call our office directly.

Will Questionnaire

Personal & Family Data:
   
Name:
Address:
Home Phone:
Work Phone:
Cell Phone:
E-Mail Address:
   
Marital History:  
   
Currently Married? yes no
Name of Spouse:
Widowed? yes no
Deceased spouse's name:
Date of death:
Did spouse leave a Will? yes no
Was spouse's Will probated? yes no
   

Children:

Name
Date of
Birth
Address
Alive?
(1)

yes
no

(2)

yes
no

(3)

yes
no

(4)

yes
no

(5)

yes
no

(6)

yes
no


Financial Data:
   

The following information is required to assess the extent of your estate and determine whether any tax planning or trusts may be needed in conjunction with the preparation of your will.

   
ASSETS
TOTAL ESTAMATED VALUE
   
Life Insurance Policies
Savings (average balance)
Securities (stocks, bonds, etc.)
Household goods
Vehicles
Residence
Other Real Property
Other Assets

Disposition of Property:

1. If you are married, do you want to leave your entire estate to your spouse? yes no

a. If not, to whom do you want to leave your estate?

2. If you leave your estate to your spouse, but your spouse does not survive you, to whom do you want to leave your estate?

3. If you leave your estate to your children, and one or more of your children do not survive you, do you want to leave their share to their children (per stirpes) or do you want their share divided among the remaining children (per capita)?

4. If you want to make any specific bequests or include any special terms in your Will, please explain below.

Selection of Representatives:

You must name at least one person to manage your estate upon your death. In the event that the named person cannot fulfill his or her duties as Executor, you should name at least one Alternate and preferably two.

Executor:
Address:
Relationship:
First Alternate:
Address:
Relationship:
Second Alternate:
Address:
Relationship:

 
In the event there are minor children and neither Husband nor Wife survive, you must name a Guardian to care for your minor children.

Guardian:
Relationship:
First Alternate:
Relationship:
Second Alternate:
Relationship:

In the event there are minor children and neither Husband nor Wife survive, you must name a Trustee to manage the estate for the minor children. You may name the same person you named as Guardian, or you may name a different person.

Trustee:
Relationship:
First Alternate:
Relationship:
Second Alternate:
Relationship:

 

 

 

Other Estate Planning documents you should consider completing at the time you do your Will:

Statutory Durable Power of Attorney

 

This document allos your designated agent to handle all of your personal affairs, including the execution of contracts, motor vehicle registrations, bank account transactions, etc. This document can be made effective at the time you sign it or become effective only when you are determined to be mentally or physically incompetent.

 

Health Care Power of Attorney

 

This document allows your designated agent to make decisions on your behalf regarding your health care in the event you cannot make them. It becomes effective only upon your incapacity as certified by your physician.

Directive to Physicians

 

This document is also referred to as a "living will." It instructs physician(s) and hospitals not to use any artificial life support in the event you are diagnosed with a terminal illness or condition and your death is imminent. This document allows you to appoint an agent to make those decisions if you are not able, however, appointing an agent is optional.

Appointment of Agent to Control Disposition of Remains

 

This document allows your agent to have control over your remains after your death. The person to whom you give control will be held financially responsible for the costs associated with the disposition of your remains so you will want to make sure that this person also has access to funds to handle the disposition as you have requested.

Declaration of Guardian in the Event Need Arises

 

This document allows you to designate who you want to serve as your guardian in the event a guardianship is instituted. The purpose of the Statutory Durable Power of Attorney is to avoid a costly guardianship, however, if one is instituted, the durable power of attorney is automatically revoked. The best part of this document is that you can designate who you do not want to serve as your guardian and the judge cannot appoint those persons you excluded as your guardian. Under law, if you have not completed this document, a guardian will be appointed under the following order: (1) spouse, (2) parent, (3) adult child, (4) adult sibling, or (5) other qualified person.


You may access the questionnaire for any of the above documents by clicking on the name of the document.

 

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