A living will is not a written will nor is it a living trust.
According to Texas law a living will, when made by a competent adult, is a directive to physicians and to family members specifying an individual’s decision regarding continuation of life in the event of a terminal or incurable condition.
When the only means of maintaining life is through artificial support, a living will instructs the physician to withhold or withdraw artificial life allowing the patient to die naturally.
Houston living wills only take effect after the physician determines that death is expected within six months without application of artificial life-sustaining procedures.
Houston legal wills
Legal wills in Houston are documents used for the administration and distribution of an estate upon the death of an individual.
In the state of Texas, a legal will allows an individual to make decisions regarding who administers the will, specific designation or bequeathing of property and assets, and choosing guardianship.
For more information on legal wills, see our page Houston wills law.
Will dispute in Houston
A Houston will dispute is also referred to as contesting a will.
There are several reasons why a will is contested: if it is believed that the testator was incompetent, unduly influenced by someone who would directly or indirectly benefit from the will or change in the will, or if two wills exist consecutively, the will is suspected to be a forgery, or if the will was incomplete or not written properly.
In Houston, a will dispute may be initiated by any person interested in the estate, but may only be acted upon once the will is filed for probate. The person contesting then has two years to contest the will.
Houston probate laws
In Houston, probates are for the security and protection of the heirs or beneficiaries of a will.
The probate system is designed to help the rightful heirs of a decedent’s property and assets process the will as easily as possible in a legal manner.
The purpose of the probate law is to ensure that any final bills and expenses are paid, including any taxes owed, and any remaining assets are distributed to the beneficiaries named in a will, or if there is no will, in accordance with Texas laws governing intestate succession.
Experience in Houston wills and probate law
Wills and probate administration both require specialized legal knowledge and a caring approach. Houston wills attorney Jeannine C. Flynn, Ms. Flynn understands that clients come to her when they are facing a difficult time in their life. If you need assistance with drawing up a will or the probate of an estate, contact Jeannine C. Flynn, Attorney at Law, for immediate assistance.