If you have minor children and die without a Last Will and Testament in Texas, or some similar document designating guardianship, the Judge of the Court will have no choice but to appoint a guardian in the probate process in accordance with strict statutory guidelines. In this circumstance your children may very well end up living with someone you would not have chosen. This is the case because if both parents are no longer living, or are incapable of caring for the children, the Judge of the Court during probate must appoint someone to raise the children if the parents have failed to make such a designation in advance. Having a Last Will and Testament prepared for you is your opportunity to make this designation, and to safeguard the well being of your children with guardianship provisions. In Texas a Last Will and Testament can provide for more than the distribution of property. Guardianship provisions allow you to provide clear and specific instructions on who you want to raise your children, and they also allow you to designate alternate guardians if the person(s) you choose is/are unable or unwilling to act as Guardian of the children. As stated in a prior blog post, it is important to note that guardianship provisions cannot overcome the superior right to guardianship (i.e. a biological mother or father) of another person regardless of where they live (i.e. Houston, Katy, Sugar Land, Harris County, Fort Bend County etc…).
Guardianship provisions, especially when coupled with trust provisions, in a Texas Last Will and Testament prepared by an experienced and qualified Lawyer can ensure the future well being of your children, and provide clear instruction on who you want your children to be raised by when you pass away.
Protect your financial future and the future of your loved ones now, and contact the Law Office of Daniel E. McCarty, Jr. at (713) 464-7000 to schedule an appointment with an Attorney to have your Texas Last Will and Testament drafted for your specific needs. Mr. McCarty is an experienced lawyer you can trust with over two decades of experience drafting estate planning documents for his clients.
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