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Will Preparation

Probate Administration | Estate Planning | Will Preparation

Professional Advice for Drafting Your Will

probate attorney in austin

Todd A. Wilson

Estate Attorney

One of the easiest and most important ways to care for your family after you pass away is to draft a will. It’s pointless to spend your life providing for your children only to let the State decide who should care for them and where your money should go after your death.

Protect your legacy and preserve your final wishes with a comprehensive will and the help of an experienced Austin wills lawyer at the Law Office of Todd A. Wilson, also known as TAW Law TX. Founded in 2027, our Austin estate planning law firm is locally owned, and it’s operated by a dedicated staff who truly put each client’s needs first.

 

Our top Austin wills lawyers offer:

 

15+ Years of Estate Planning Experience in the Austin, TX, Area
Free consultations

 

 Call 512-827-9212 or Contact Us Online for a FREE Consultation

 

You can also learn more about our wills services, how wills in Texas work, what to expect from online wills, and more by exploring the information below. Our experienced estate planning attorneys in Austin represent grantors, beneficiaries, trustees, executors, and other parties in various matters involving wills throughout Travis County, Williamson County, Bastrop County, Blanco County, Hays County, Caldwell County, and beyond.

Benefits of a Will

An A-B Trust structure is used by married couples who want to reduce taxes on an estate. This is done by both of them placing their assets into the trust and naming an external person other than their respective spouse as the beneficiary.

Wills are one of the fundamental tools we use for assigning guardians for minor children and for passing down our assets after our deaths.

When you die without a will, the legal determinations are left for the State to decide. The State will then decide where your money will go. You might be wrong to assume that your children will receive the money. Why take the chance that some bureaucrat you have never met with will have the same plans as you do?

Upgrading Inadequate Online Will

Online will forms are not typically very effective at memorializing last wishes, and they can present real challenges when it comes to complying with Texas law — and putting to rest any will contests, trust disputes, or other conflict that could in future probate.

 

The reason is that online will creation websites often just ask you to check some boxes on a standard form. They do not address the nuances and legal implications of several key factors, like (but not limited to):

 

  • Your finances
  • Your family
  • Your home
  • Your investments
  • Texas law

 

That can lead to oversights, mistakes, and other problems with wills that could interfere with your last wishes and create unexpected headaches and issues when it’s time to probate that will.

 

Consequently, if you have created an online will, it’s prudent to consider revisiting that document, preferably with an experienced wills attorney.

 

If you do, you can discuss your objectives, ask questions, and get personalized advice and guidance regarding that online will. You can also find out if the document is sufficient for your needs and/or whether it may fall short of doing what you need it to in any way.

When Do I Need a Will?

Many think that estate planning isn’t required for them as they don’t own enough assets. Well, if you have minor children, you definitely would want to assign people to take care of them after your death.


If you possess a car or a house, you should make sure to whom all that goes when you pass away. Don’t let the State decide for you — and don’t assume that a document you wrote years ago will work as a valid will under Texas law.

 

The business you have been building all these years should stay with your family just as you would like to see it.

Should You Use a Will or a Trust in Texas?

While a will is one of the most important estate planning tools, it is not always the only option. Some individuals and families may benefit from using a trust alongside a will—or in certain cases, instead of one. Understanding the key differences can help you make a more informed decision about how to protect your assets and your loved ones under Texas law.

Category Will Revocable Living Trust
Primary Purpose Distributes assets after death and allows you to name guardians for minor children. Manages and distributes assets during life, incapacity, and after death.
Probate Typically goes through probate, which is a structured court process in Texas. Can help avoid probate for properly funded assets.
Privacy Becomes part of the public record during probate. Generally remains private.
Cost Usually more affordable to create initially. Typically higher upfront cost, with potential long-term administrative benefits.
Incapacity Planning Requires separate documents like powers of attorney. Allows a successor trustee to manage assets if you become incapacitated.
When It Takes Effect Takes effect after death. Can take effect during your lifetime and continue after death.

A will is a foundational part of nearly every estate plan, especially for naming guardians and clearly outlining your wishes. However, depending on your assets, family structure, and long-term goals, incorporating a trust may also be worth considering. If you’re not sure what approach is right for you, our team can help you evaluate your options and create a plan tailored to your situation.

 

Contact us today to schedule a consultation.

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