Document Your Final Wishes in Enforceable Terms

Your will must be in writing, signed by you, and witnessed by two individuals who are not beneficiaries under the document. Philip E. Mullin Attorney At Law prepares wills that include specific bequests, residuary clauses that cover all remaining assets, and provisions for alternate beneficiaries in case someone predeceases you. The firm also drafts self-proving affidavits, which allow your will to be admitted to probate without requiring witnesses to testify in court.
After you pass away, your executor will file the will with the probate court in the county where you lived, and the court will issue letters testamentary that authorize the executor to access accounts, sell property, and distribute assets. Your beneficiaries will receive what you specified in the will, and your debts and taxes will be paid from the estate before distributions are made. Philip E. Mullin Attorney At Law ensures that your will complies with Texas execution requirements and coordinates with any trusts, powers of attorney, or beneficiary designations already in place.
The firm also advises clients on disinheritance language, no-contest clauses that discourage will challenges, and provisions for pets or charitable gifts. If you have a blended family, business interests, or concerns about a potential dispute, your will can include specific instructions that clarify your intent and reduce ambiguity. Wills should be updated when you marry, divorce, have children, or acquire significant assets.

Clients often ask about what a will can and cannot do, how to ensure it is legally valid, and what happens during probate.

• What assets does a will control? A will governs any property titled in your name alone at death, but it does not control jointly owned property, retirement accounts with named beneficiaries, life insurance proceeds, or assets held in a trust.
• Can I handwrite my own will in Texas? Yes, Texas recognizes holographic wills if the material provisions are entirely in your handwriting and you sign it, but these wills are more easily challenged and may not include all necessary legal language.
• How do I name a guardian for my children in my will? You include a provision that designates a guardian for the person and estate of your minor children, and the court will generally honor your choice unless there is evidence it is not in the child's best interest.
• What happens if I do not name an executor? The probate court will appoint an administrator to settle your estate, typically a surviving spouse or adult child, but the process may take longer and require additional court oversight.
• Can someone challenge my will after I die? Yes, interested parties can contest a will on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution, which is why working with an attorney helps ensure your will is drafted and witnessed correctly.