People ask,  “When Should I get a Will?”   And, I respond, somewhat jokingly, “Texas already has one for you.”

The State of Texas doesn’t have an actual Will for you, but the legislators have enacted a set of defaults in the event you don’t have a Will.  These laws are called laws of “intestate succession.”  In other words, if you don’t have a Last Will and Testament in Texas, politicians have decided who will inherit your estate.

So, who would be better at making important decisions about who will inherit your hard-earned assets:  politicians or you?

Assuming you’d rather make those decisions, when in your life should you get a Last Will and Testament?

Though it sounds simplistic, I recommend you get a Will before you need one.  The problem is, you don’t know when it will be too late to get a Will.  We don’t know when we’ll become mentally incapacitated, become deathly ill, or get involved in a deadly car crash.

If you become seriously ill and then decide to finally hire a lawyer to write your Will, there is a higher likelihood that your Will will be challenged in probate court.  For example, in a recent case (In Re Estate of Arrington), a father waited until after he was diagnosed with a terminal illness to write a Will.

I commend this father for trying to care of his family by getting a Will made.  However, in light of the court battle and family fighting that resulted from his last-minute DIY Will, it probably would have been preferable to have had an attorney draft the Will years earlier.

A few hundred dollars to hire an estate planning lawyer to draft a Will could have saved thousands of dollars in legal fees and  could have prevented family fighting.

We can’t always anticipate when we’ll get sick or get injured, so it’s best to be ready.  It’s like Benjamin Franklin said, “An ounce of prevention is worth a pound of cure.”

Despite popular belief, Wills aren’t just for wealthy people or older people; if you have any property and have any family or friends, you should get a Will.  Also, a dedicated Texas Wills attorney will help ensure that your Will is executed properly under Texas law and will minimize the likelihood of a Will contest.  Better yet, you could consider having a Texas Revocable Living Trust, which could keep your estate out of probate court altogether.



Visit for more information on Texas Wills, a Texas Last Will and Testament, deciding when you should get a Will, if you should get a Will, the problem with online Wills or online Wills, contact Dallas, Texas lawyer Isaac Shutt at  

Shutt Law Firm’s office is conveniently located just north of Dallas, TX, near the intersection of highway 75 and Arapho Road.


You can also call Mr. Shutt at (214) 302-8197 for more information on the topic discussed in this article or to discuss a different legal matter.   Please consider the Shutt Law Firm if you’re looking for a Dallas, TX law office for probate, Dallas Wills Lawyer, Dallas estate planning law, trust attorney near Dallas, TX, or guardianship attorney in Dallas area.


DISCLAIMER:  Nothing in this brief article constitutes legal advice.  The information provided herein is merely provided in the spirit of education.  If you have a legal question, you should consult an attorney for your specific legal situation.   Further, nothing in this article shall be construed to have started an attorney-client relationship.  No such relationship exists until both you and attorney Isaac Shutt sign an engagement letter with the Shutt Law Firm, PLLC.