Wills, Probate, Power of Attorney, and Estates
(Comal County, Texas)
Deborah Wigington can prepare your Will, Power of Attorney, represent you in Probate Court, and represent you in your other Estate matters.
Has your will been updated? If not, CALL TODAY!
As unpleasant as the thought is, we never know what tomorrow holds so we need to be prepared. For me, all it took was looking at my newborn daughter to know I needed to prepare for her future in the event something was to happen to me.
Wills and trusts help our families and loved ones once we are gone and in a time of great distress a will can be a comfort to those left behind. Additionally, as parents, we have a responsibility to see that our children are well cared for and protected especially in our absence.
A few of many things to consider when preparing your will and guardianship:
- Do they have the financial ability to care for your child?
- Do they have the support of your friends and family?
- Do they have the same parenting philosophies as you do?
- Do they want to accept the responsibility of raising someone else’s child?
- Do the have the time to dedicate to your children?
- If your children are older, do your children know them well enough to be comfortable living with them?
- Will your children respect them as their guardians?
- If you have a trust set up for the children, will they cooperate with your named trustee or will they make a good trustee.
Below are some common reasons you may want to update your will:
- You need to change a guardian, trustee or personal representative.
- You have had a significant change in the value of your estate.
- Your children are no longer minors (under the age of 18).
- You have had a change in marital status through divorce, marriage, or remarriage.
- You have had a change in beneficiaries through adoption, birth, etc.
- Individuals named in previous document are deceased.
A living will really isn’t a will at all since it is in effect while you are still living and does not dispose of property.
A living will directs physicians as to your wishes if you wish life support in the event you are terminally ill or you cannot be restored to consciousness due to an illness or accident.
A medical power of attorney also known as a durable power of attorney for healthcare allows you to name someone as to act on your behalf with regard to medical decisions if you are unable to communicate on your own.
This can be a valuable tool for family members to have if an older member of the family becomes incapacitated and can no longer make coherent decisions, however this needs to be done prior to the incapacitation.
I encourage my clients to have this done early, usually at the same time as their will when there won’t be any question as to competency.