Wills Attorney
Wills Attorney in Pasadena, TX
Create a Legally Valid Will That Protects Your Family and Your Legacy
Planning for the future is one of the greatest gifts you can give your loved ones. A properly prepared Last Will and Testament provides clear instructions for how your assets should be distributed, who will manage your estate, and who should care for your minor children if the unexpected happens. Without a legally valid will, those decisions may be made according to Texas law rather than your personal wishes.
At West & West, LLP, Attorney Michael West helps individuals and families throughout Pasadena, Houston, Harris County, and the surrounding communities create comprehensive wills that reflect their goals, protect their loved ones, and provide peace of mind. Whether you are preparing your first will, updating an existing estate plan, or creating documents after a major life event, Attorney Michael West provides personalized legal guidance tailored to your unique circumstances.
A thoughtfully prepared will is more than a legal document—it is an important part of your overall estate plan. It allows you to make decisions today that can reduce uncertainty, minimize family conflict, and ensure your wishes are honored in the future.
Why Every Adult Should Have a Will
Many people believe they only need a will if they are wealthy or own significant property. In reality, every adult can benefit from having a legally drafted will, regardless of the size of their estate.
A will gives you the ability to make important decisions instead of leaving those decisions to the State of Texas.
Without a valid will, Texas intestate succession laws determine who inherits your property. While these laws provide a legal framework for distributing assets, they cannot account for your personal relationships, family dynamics, charitable intentions, or individual wishes.
Creating a will allows you to:
Decide who will inherit your property.
Name the person you trust to serve as executor of your estate.
Nominate a guardian for your minor children.
Leave specific gifts to family members, friends, or charitable organizations.
Help reduce disagreements among surviving family members.
Provide clear instructions for administering your estate.
Coordinate your will with your broader estate planning goals.
Having a professionally prepared will gives your loved ones clear direction during an already difficult time and can make the estate administration process more efficient.
What Is a Last Will and Testament?
A Last Will and Testament is a legal document that expresses your wishes regarding the distribution of your property after your death. It also identifies the person you want to administer your estate and can include other important instructions concerning your family and beneficiaries.
A properly drafted Texas will may include directions regarding:
Real estate
Bank accounts
Investment accounts
Personal property
Family heirlooms
Business interests
Vehicles
Collectibles
Firearms
Mineral interests
Digital assets
Pets
Your will may also establish trusts for minor children or beneficiaries who require long-term financial management.
Because every family’s circumstances are different, Attorney Michael West prepares customized wills designed to address each client’s specific needs rather than relying on generic forms or one-size-fits-all templates.
What Happens If You Die Without a Will in Texas?
When a person dies without a valid will, they are considered to have died intestate.
Instead of following your personal wishes, your estate will be distributed according to the Texas Estates Code. The law determines who inherits your property based on your surviving family members and your marital status.
Depending on your circumstances, your estate may pass to:
Your surviving spouse.
Your children or descendants.
Your parents.
Your brothers and sisters.
Other relatives identified under Texas law.
While these laws are designed to provide a default system for inheritance, they may not reflect what you would have wanted. This can create unexpected outcomes, particularly for blended families, unmarried couples, business owners, or individuals with complex family relationships.
In addition to determining who inherits your property, dying without a will often results in additional legal proceedings to identify heirs and appoint an administrator for your estate. These proceedings can increase both the time and expense involved in settling an estate.
Creating a will gives you the opportunity to make these important decisions yourself and provide your family with clear guidance during a difficult time.
What Makes a Will Valid in Texas?
Creating a will involves more than simply writing down your wishes. Texas law establishes specific legal requirements that generally must be met for a will to be recognized by the probate court.
Although every situation is unique, a valid Texas will typically requires that:
The person making the will (the testator) has the legal capacity to create a will.
The will reflects the testator’s intentions and is made voluntarily.
The document complies with the execution requirements established under Texas law.
The will is properly signed.
When required, the will is witnessed by qualified individuals.
Even small mistakes can create unnecessary complications during probate or increase the likelihood of disputes among family members. Working with an experienced estate planning attorney helps ensure your will is prepared correctly and reflects your wishes.
Who Should Have a Will?
A common misconception is that wills are only necessary for older adults or individuals with significant wealth. In reality, nearly every adult can benefit from having a properly prepared will.
You should consider creating or updating a will if you:
Own a home or other real estate.
Have children or grandchildren.
Recently married or divorced.
Own a business.
Have retirement accounts or investment assets.
Want to leave property to specific individuals.
Wish to support a charitable organization.
Have blended family relationships.
Own valuable personal property or family heirlooms.
Want to choose who will administer your estate.
Regardless of the size of your estate, a will provides clear instructions that can make estate administration more straightforward for your loved ones.
Choosing the Right Executor
One of the most important decisions you will make when preparing your will is selecting an executor.
An executor is responsible for carrying out the instructions contained in your will and managing the probate process after your death.
Responsibilities often include:
Filing the will with the probate court.
Identifying and protecting estate assets.
Communicating with beneficiaries.
Paying valid debts and taxes.
Managing estate finances.
Distributing assets according to the will.
Closing the estate.
Because an executor assumes significant legal responsibilities, it is important to choose someone who is trustworthy, organized, and capable of handling financial and administrative matters.
Many clients also choose an alternate executor in case their first choice is unable or unwilling to serve.
Naming a Guardian for Minor Children
For parents of young children, one of the most important reasons to create a will is the opportunity to nominate a guardian.
Without a will, the court may be required to determine who should care for your children if both parents pass away. Although the court will make its decision based on the child’s best interests, your preferences may not be known unless you have documented them.
A properly prepared will allows you to nominate the individual you believe is best suited to care for your children.
When choosing a guardian, many parents consider factors such as:
Shared values and parenting philosophy.
Emotional relationship with the child.
Financial stability.
Physical and emotional ability to provide care.
Geographic location.
Willingness to accept the responsibility.
While no parent likes to imagine these circumstances, making these decisions in advance can provide clarity and reassurance for your family.
Can You Change Your Will?
Yes.
Life changes, and your estate plan should change with it.
Many people update their wills after:
Marriage.
Divorce.
The birth or adoption of a child.
The death of a beneficiary or executor.
Purchasing or selling significant assets.
Starting or selling a business.
Moving to Texas.
Significant changes in financial circumstances.
Reviewing your estate plan every few years—or after a major life event—helps ensure your documents continue to reflect your wishes and comply with current law.
Attorney Michael West can review your existing will and recommend updates when appropriate.
Common Mistakes People Make With Wills
Many probate disputes begin with avoidable estate planning mistakes.
Some of the most common include:
Never creating a will.
Failing to update an outdated will.
Using generic online forms that do not address individual circumstances.
Choosing an executor without considering their ability to serve.
Forgetting to update beneficiary designations.
Failing to coordinate a will with trusts or other estate planning documents.
Not informing trusted family members where important documents are stored.
Assuming all assets pass through a will.
Careful estate planning can help minimize confusion, reduce the likelihood of disputes, and provide greater confidence that your wishes will be carried out as intended.
Handwritten Wills in Texas
(Holographic Wills)
Texas recognizes handwritten wills, commonly referred to as holographic wills, under certain circumstances. While these wills can be legally valid, they often create additional questions during probate because the court may need to determine whether the document meets the legal requirements established by Texas law.
A handwritten will should clearly express the testator’s intent regarding the distribution of property and generally must satisfy applicable legal standards before it can be admitted to probate.
Although handwritten wills may be appropriate in limited situations, they frequently lead to disputes over interpretation, authenticity, or completeness. Important issues such as naming alternate beneficiaries, appointing an executor, addressing blended family situations, and coordinating with other estate planning documents are often overlooked.
For these reasons, many individuals choose to have a professionally prepared will that clearly reflects their wishes and reduces the likelihood of confusion or litigation after their death.
What Is a Self-Proving Affidavit?
A self-proving affidavit is a document that is commonly executed at the same time as a Texas will. Its purpose is to simplify the probate process by providing evidence that the will was properly signed and witnessed.
Without a self-proving affidavit, witnesses may need to testify or provide additional evidence when the will is offered for probate. Including this affidavit can often make the probate process more efficient and reduce unnecessary delays.
Because proper execution is essential, Attorney Michael West helps clients ensure that wills and related documents are completed in accordance with Texas law.
Can a Will Be Contested?
Yes. Under certain circumstances, an interested party may challenge the validity of a will during the probate process.
Common grounds for a will contest may include allegations that:
The person creating the will lacked the legal capacity to do so.
The will was signed because of undue influence.
Fraud or forgery occurred.
The will was not executed in accordance with Texas law.
A more recent valid will exists.
Not every disagreement among family members results in a successful will contest. Texas courts apply specific legal standards, and each case depends on its own facts and evidence.
Careful estate planning and properly prepared legal documents can help reduce the likelihood of future disputes.
Wills vs. Trusts: What’s the Difference?
Many people assume that a will and a trust accomplish the same objective. While both are important estate planning tools, they serve different purposes.
A will generally becomes effective upon death and directs how your property should be distributed through the probate process.
A trust, on the other hand, may become effective during your lifetime and can hold, manage, and distribute assets according to the instructions you establish. Depending on the type of trust and the assets involved, certain property held in a trust may avoid probate.
Neither option is automatically better than the other. Many comprehensive estate plans include both a will and one or more trusts, depending on the client’s goals, family circumstances, and financial situation.
Attorney Michael West works with clients to determine which estate planning strategies best meet their individual needs.
When Should You Update Your Will?
Estate planning is not a one-time event. Your will should be reviewed periodically to ensure it continues to reflect your wishes and your family’s current circumstances.
You should consider reviewing your will after events such as:
Marriage or divorce.
The birth or adoption of a child or grandchild.
The death of a beneficiary, guardian, or executor.
Purchasing or selling significant property.
Starting, purchasing, or selling a business.
Receiving an inheritance.
Retirement.
Moving to Texas.
Significant changes in tax laws or estate planning objectives.
Even if none of these events have occurred, reviewing your estate plan every few years can help ensure your documents remain accurate and effective.
Why Work With an Estate Planning Attorney?
While online forms and do-it-yourself estate planning services may seem convenient, they cannot provide legal advice tailored to your family’s unique needs.
Every family has different goals, assets, and relationships. A professionally prepared estate plan can help address issues that generic forms often overlook, including:
Blended families.
Minor children.
Business ownership.
Special needs beneficiaries.
Tax considerations.
Real estate ownership.
Asset protection strategies.
Coordination with trusts and powers of attorney.
Attorney Michael West takes the time to understand each client’s objectives and prepares estate planning documents designed to provide clarity, protect loved ones, and support the efficient administration of an estate.
Our Will Drafting Process
Initial Consultation: We begin with a detailed consultation to understand your assets, family dynamics, and specific wishes.
- Drafting the Will: Based on the information gathered, we draft a comprehensive will that addresses all your needs, including asset distribution, guardianship, and any special instructions.
- Review and Approval: We review the draft with you, making any necessary adjustments to ensure it accurately reflects your intentions.
- Execution of the Will: We guide you through the formal signing and witnessing process to ensure your will is legally binding.
- Ongoing Support: Life changes, and so might your wishes. We offer ongoing support to update your will as needed, ensuring it remains current and relevant.
Frequently Asked Questions About Wills in Texas
Do I really need a will if I don’t have many assets?
Yes. A will is not only about the value of your estate. It allows you to decide who will receive your property, nominate an executor to administer your estate, and, if you have minor children, identify the person you would like to serve as their guardian. Even individuals with modest estates can benefit from having a properly prepared will.
Can I write my own will in Texas?
Texas law recognizes certain handwritten wills under specific circumstances. However, preparing your own will without legal guidance can increase the risk of errors, omissions, or ambiguity that may complicate the probate process. A professionally prepared will can help ensure your wishes are clearly documented and that your estate plan complies with Texas law.
At what age should I create a will?
Any adult who owns property, has children, or wants to determine how their estate will be distributed should consider creating a will. Estate planning is not limited to retirees. Unexpected events can occur at any age, making it important to have a plan in place.
Can I change my will after it has been signed?
Yes. As long as you have the legal capacity to do so, you may generally update or revoke your will. Many people review their estate plan following major life events such as marriage, divorce, the birth of a child, retirement, or significant changes in financial circumstances.
Does a will avoid probate?
No. A will generally directs how your estate should be administered during the probate process. Certain estate planning strategies, such as properly funded trusts and beneficiary designations, may help certain assets avoid probate. Attorney Michael West can explain which options may be appropriate for your situation.
What happens if my executor cannot serve?
You can name one or more alternate executors in your will. If the person you originally selected is unable or unwilling to serve, the alternate executor may assume those responsibilities. Including backup choices can help avoid delays during estate administration.
Can I leave someone out of my will?
Texas law generally allows individuals to determine how they want their property distributed, subject to certain legal limitations. Because every family situation is different, it is important to discuss your objectives with an experienced estate planning attorney to ensure your wishes are documented appropriately.
What is the difference between a beneficiary and an executor?
A beneficiary is a person or organization that receives property from your estate.
An executor is the individual responsible for administering your estate, paying valid debts, completing probate, and distributing assets according to your will.
The same individual may serve as both a beneficiary and an executor if you choose.
Should married couples have separate wills?
Married couples often prepare separate wills as part of a coordinated estate plan. While the documents frequently contain similar provisions, each spouse signs an individual will addressing the distribution of his or her property. Attorney Michael West can recommend an estate plan that reflects your family’s goals and circumstances.
How often should I review my will?
Even if no major life changes occur, reviewing your estate plan every three to five years is a good practice. Laws may change, financial circumstances evolve, and family relationships can shift over time. Regular reviews help ensure your will continues to reflect your wishes.
What documents should be included with a complete estate plan?
A comprehensive estate plan often includes more than a will. Depending on your circumstances, your plan may also include:
Durable Financial Power of Attorney
Medical Power of Attorney
Directive to Physicians (Living Will)
HIPAA Authorization
Declaration of Guardian
Revocable Living Trust
Trust documents for children or beneficiaries with special needs
Attorney Michael West can help determine which documents are appropriate for your family’s needs.
Why choose West & West, LLP for your will?
Preparing a will is about more than completing legal forms. It is about protecting the people who matter most to you.
At West & West, LLP, Attorney Michael West works directly with every client to understand their family, assets, and long-term goals. Rather than relying on generic templates, every estate plan is tailored to the client’s individual circumstances.
Clients appreciate:
Personalized legal guidance
Direct communication with Attorney Michael West
Estate plans customized to individual goals
Clear explanations of available options
Documents prepared in accordance with Texas law
Ongoing support as life circumstances change
Whether you are preparing your first will or updating an existing estate plan, West & West, LLP is committed to helping you protect your family and preserve your legacy.
Protect Your Family’s Future with a Comprehensive Estate Plan
A carefully prepared will provides clarity, protects your loved ones, and ensures your wishes are respected. Whether you are planning for the future, welcoming a new child, preparing for retirement, or simply updating outdated documents, creating a legally sound estate plan is one of the most important investments you can make.
Attorney Michael West is committed to helping individuals and families throughout Pasadena, Houston, Harris County, and the surrounding communities prepare estate plans that provide confidence and peace of mind.
Contact West & West, LLP today to schedule a consultation and learn how a professionally prepared will can help protect your family, your assets, and your legacy for generations to come.
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Contact Us
Ensure your wishes are honored and your loved ones are provided for. Contact West and West, LLP today to schedule your consultation and begin the process of creating a will. Reach us at (713) 222-9378 or west@westandwest.com, or visit our office at 3818 Fox Meadow Lane Pasadena