Texas and New Mexico Will Attorney

Need Help Creating a Will? Our wills lawyers want to help you.

Experienced Attorneys for Wills in Texas and New Mexico

The thought of preparing a will is something that may feel like a very daunting task and an uneasy topic. However, preparing a will in the event of an untimely passing will alleviate a lot of legal stress on your family. In a will, your physical and intangible assets are to be rightfully dispersed by your jurisdiction. Follow along as The Sloan Firm takes you through the basics of creating a will in Texas and New Mexico, as well as the specifics that apply to wills and trusts.

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What Does a Will Do?

There are many moving parts and aspects of creating a will. When done with the help of a will attorney from The Sloan Firm, we can ensure the legal process is handled responsibly and with care. The first thing a will does is name the beneficiaries. The testator, the person who has made the will, appoints the beneficiaries.

A beneficiary is the person who is to receive a portion of the decedent’s estate. Typical beneficiaries include spouses, children, or other family members. Following funeral costs, paying off estate debts, and taxes, each beneficiary receives a remaining share of the decedent’s remaining estate.

Once the beneficiary is named, the will then names the executor. The executor is the person in charge of managing the estate, dealing with probate, as well as distributing the decedent’s assets. For good measure, it is recommended the executor be younger in age than the testator, as well as being a financially responsible person with no criminal activity.

Another role of the will is to handle specific bequests to the beneficiaries. Special bequests include assets held as valuable to the decedent, like an antique car or prized artwork. Including special bequests in the will affirms that certain assets are given to certain beneficiaries.

The will should also include the desired estate administration tactics. This will indicate how debts and taxes should be paid, as well as how the will and probate process should be handled in court by the decedent’s request.

Lastly, the will should handle trusts and guardianship if the decedent is survived by children (under the age of 18). In order for a child to handle money responsibly, trusts are granted, which allows a child not to have access to their share of the estate until the age of 18. If a child is survived under the age of 18, guardianship must be explicitly covered in the will. In Texas, 2 kinds of guardians exist: A guardian of the child and a guardian of the estate.

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Basic Requirements of a Will in Texas and New Mexico

In both Texas and New Mexico, the testator for a will must be at least 18 years of age. The testator must also be of sound mind and have the power to make legitimate and important estate decisions. When it comes to signing the will, it must be signed by the testator or another person granted by discretion of the testator. At the time of the will’s creation, two witnesses must sign after the testator signs the will. In New Mexico, a will must be written by hand, also known as a holographic will. Lastly, the testator must name at least one person as a beneficiary at the minimum.

Accomplished Wills Attorneys in Texas and New Mexico

If you need assistance in gathering information for your will, The Sloan Firm team will work with your family through every step of the will process, ensuring all questions are answered and everything is accounted for. We know how hard the grieving process is when dealing with the loss of a loved one, let our team lend a helping hand and assist in handling the legal process.

If you find yourself needing assistance in handling the estate of a loved one, please do not hesitate to reach out to The Sloan Firm. Our team of accomplished wills attorneys know the ins-and-outs of the probate process and will keep your family's best interest in mind. Contact our Texas and New Mexico wills attorneys today for a free consultation.

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