We Provide Estate Planning Solutions in DFW, North Texas, and Across the State
The days following the loss of a loved one are among the most painful and stressful times in life. By putting a plan in place ahead of time, you can spare your family some of the burden and sorrow of dealing with your affairs and estate during such a difficult period. Drafting a legally sound last will and testament is a complex process, and having a will attorney in Dallas by your side can ensure that your wishes are clearly documented and legally upheld.
At Warren & Migliaccio, we understand the importance of preparing for the future to protect your assets and provide peace of mind for you and your loved ones. We take the stress out of estate planning by offering three levels of services to meet your specific needs, from straightforward wills to comprehensive estate plans.
We are here to help you navigate the estate planning process with ease. Contact us today to schedule a consultation and get started on your estate plan.
What Is a Will?
A will, also known as a last will and testament, is a legal document that outlines the distribution of your assets and property after your death. In Texas, a valid will allows you to:
- Designate beneficiaries. Beneficiaries are the people who will inherit your assets, property, and personal belongings after you pass. Having a will in place ensures that your assets are distributed according to your wishes rather than by Texas law. It provides peace of mind for you and clarity for your loved ones during a difficult time.
- Appoint an executor. An executor is a person you trust who will manage your estate and carry out your final wishes after your death. For example, they will pay any debts and distribute your estate to your beneficiaries.
- Appoint guardians for minor children. You can use a will to choose who you want to take care of your minor children if you pass away before your kids become adults. This ensures that your children are cared for by someone you trust rather than leaving it up to the court.
When Should I Create or Update My Will in Texas?
Without a will outlining your wishes in the event of your death, you leave your family vulnerable to losing certain assets, as well as increasing stress during an already painful time in their lives. Your estate will be forced into a court process known as probate, where the court will distribute your assets according to Texas law. Texas law may not align with your intentions. By having a valid will, you ensure that your estate is handled according to your wishes, making things easier for your loved ones during a time of loss.
Certain milestones signal that it is time to create or update your will and estate plan. Significant moments when you should take action include:
- Turning 18 and becoming a legal adult
- Getting married or divorced
- Experiencing significant changes in assets
- Welcoming a child through birth or adoption
- Reaching retirement
- Experiencing changes in your health
- Losing a loved one
- Relocating to a new state
A will does not need to be complicated to protect your assets, property, and loved ones after your death. While some may attempt to draft their own wills, we strongly recommend working with a Dallas will attorney to guide you through the process and draft a legally sound document.
At Warren & Migliaccio, we understand that planning for death can be a stressful and unpleasant experience. We are here to make it as painless and straightforward for you as possible now while providing peace of mind for your loved ones in the future. Contact us today to schedule a consultation.
Related: Is It Time to Update Your Estate Plan?
What Are the Limitations of a Will?
While a will is the cornerstone of many estate plans, it has limitations you should know about. Generally, we recommend combining a will with other estate planning tools to ensure that your estate plan addresses all aspects of your life and legacy. A few things that a will cannot do include:
- Limited control over certain assets. Wills do not allow you to leave certain kinds of property. For example, property with joint tenancy, money in a pension plan or retirement account, and property held in beneficiary may not be willed after death.
- Ineffective when incapacitated. A will only takes effect after death. It does not address situations of incapacitation, where you are alive but unable to make decisions due to illness or injury.
- Cannot arrange for special care for a beneficiary. If you have a beneficiary with special needs, you will need to set up a special needs trust that will not interfere with their ability to receive government benefits.
- Does not leave funeral instructions. The reading of a will often takes place days or weeks after death, often after the funeral.
- Cannot leave money to pets. Pets cannot own property, so you are better off leaving money for a trusted loved one to care for your pet.
- Does not lower real estate taxes. A will does not reduce your tax liability if you expect to owe federal real estate taxes.
- Cannot avoid probate. A will does not bypass the probate process. After you pass away, your will must still be validated in court, which can take time and is a public process.
Our Will Attorney in Dallas Serves Individuals and Families Across Texas
At Warren & Migliaccio, our dedicated Dallas will lawyer is committed to providing comprehensive estate planning services to individuals and families across Texas. With offices conveniently located in Richardson and Dallas, we offer in-person, phone, and virtual consultations to serve clients throughout DFW and North Texas. We proudly serve a wide range of communities, including but not limited to:
- Collin County: Plano, Frisco, McKinney, Allen, Murphy, and Anna
- Dallas County: Dallas, Irving, Garland, DeSoto, and Farmers Branch
- Denton County: Denton, Lewisville, Little Elm, The Colony, Corinth, and Highland Village
- Rockwall County: Rockwall, Fate, and McLendon-Chisolm
- Tarrant County: Fort Worth, Arlington, North Richland Hills, Euless, Bedford, and Keller
However, no matter where you are in Texas, we can help. Through our Everything but the Execution and Estate Plan Express services, we assist clients statewide. Contact us today to schedule a consultation and take the first step toward securing your legacy and protecting your loved ones.
We Offer Online Estate Planning Solutions With Estate Plan Express
Estate Plan Express is our online estate planning solution. It allows you to create a will and other essential documents from the comfort of your own home. Using our guided questionnaire, you can provide the information we need to craft a will tailored to your specific needs. After you submit your information, our experienced Texas estate planning attorney will draft and prepare your documents for your review.
With Estate Plan Express, you get the following documents at a flat fee:
- Last will and testament
- Financial power of attorney
- Medical power of attorney
- HIPAA release
This service is ideal for individuals and families who know their goals and want a quick and affordable estate plan without compromising legal integrity. You gain peace of mind knowing that your documents were prepared by a licensed and experienced estate planning lawyer dedicated to safeguarding your legacy and protecting your loved ones.
Frequently Asked Questions About Texas Wills
Is a Trust the Same as a Will?
No, a trust is not the same as a will, though both are important estate planning tools. A will only takes effect after your death and does not protect you or your loved ones in the event of incapacitation. Its purpose is to outline how your assets will be distributed after your death and to appoint a guardian for minor children.
On the other hand, a revocable living trust can take effect during your lifetime, allowing you to manage and distribute assets while alive and specify how they should be handled in the event of incapacitation and after your death. However, you cannot use it to appoint a guardian for your minor children.
While a will and a trust serve different purposes, many people use both as part of a comprehensive estate plan.
What Happens if I Die Without a Will in Texas?
If you die without a will in Texas, your estate will be subject to the state’s intestate succession laws. This means that the court will determine how your assets are distributed and to whom based on Texas law. Texas intestate succession laws may not reflect your personal wishes.
Additionally, if you have minor children and no will, the court will appoint a guardian for them, which may not align with your preferences. Having a will ensures your wishes are honored and provides peace of mind for your loved ones.
What Type of Lawyer Is Best for Wills?
The best type of lawyer to help you create a will that will hold up in court is an experienced Texas estate planning attorney. Our Dallas estate planning attorney can ensure your will accurately reflects your wishes and complies with all legal requirements. Our law firm assists individuals and families in drafting wills, revocable living trusts, and other essential estate planning documents, providing a comprehensive estate plan that safeguards your legacy and protects your loved ones.
How Much Does a Will Cost in Dallas, Texas?
At Warren & Migliaccio, we offer flat-fee pricing options for basic will packages through our online service, Estate Plan Express. Our flat fees are $599 for single individuals and $799 for married couples.
When you choose Estate Plan Express, you get four essential estate planning documents. You receive a legally sound will that meets your needs, as well as a financial power of attorney, medical power of attorney, and HIPAA release.
Do you have more complex estate planning needs than a basic will, or do you prefer working directly with an attorney? If so, choose our White Glove or Everything but the Execution services. We will help you create a comprehensive, will-based, or trust-based estate plan that meets your needs and goals, all for a flat fee. After a free consultation with our experienced Texas estate planning lawyer, you will receive a flat-fee quote for your estate plan.
Do not hesitate to schedule a free consultation to discuss your estate planning goals and pricing. You can also learn about our estate planning services here and by the infographic below.
Create Your Will Today With the Help of Our Dallas Will Attorney
We understand that planning for the future can be challenging. However, preparing a will can provide peace of mind, knowing you have safeguarded your legacy and your loved ones will be taken care of according to your wishes.
At Warren & Migliaccio, our Texas estate planning lawyers are here to make the process as straightforward and stress-free as possible. We offer three levels of estate planning solutions to create a comprehensive estate plan that meets your needs. Contact us today at (888) 584-9614 or submit our online contact form to schedule a consultation.