Sometimes, no matter how hard you try, your family is a ticking time bomb. Step-kids that can’t stand you, drama at every family event, or maybe just an uncomfortable peace that you never really trust. Unfortunately, it happens more often than not.
The pain is real and can last forever. While some people may work it out in time, many others are unable to move past the hurt, pain and tension. As a probate lawyer, I’ve seen grown, educated, and successful adults morph into sniveling little children because step-mom isn’t giving them exactly what they believe they’re entitled to when daddy dies (and, vice versa). In addition, in almost any instance where cooperation between the step-parent and children is needed, the disdain can turn into a lack of trust, which can lead to significant (and costly) legal action.
Unlike Thanksgiving dinner (or any other family event), cooperation between those closely related to you can be critically important to your legal well-being in certain situations. They include:
Disability. If you become disabled and your family needs to pursue a guardianship, Texas law requires that your spouse, adult children, and others are served with notice and provided an opportunity to object to any court action. If your spouse and your kids disagree on whether you should have a guardianship, this can lead to a time-consuming and costly fight. Guess who pays the bill for that fight? Right, just like going to dinner with them. They might pay, but usually, it’s you.
Death. In the event you don’t have a valid Last Will and Testament, in this situation, the fireworks can start quickly. First, dying intestate (i.e., dying without a Will) triggers a State law that says your surviving spouse gets a portion of your property and your kids get the other portion of your property (provided the kids aren’t legally related to the surviving spouse, like step-kids). Wait – let me say that again – all of a sudden, your spouse and kids (who can’t stand each other) are now co-owners of the property. That may not be the best idea. After all, the only recourse for co-owners to make decisions about the property is either (i) selling the property and splitting the money (ii) agreeing on the disposition of the property, or (iii) fighting it out in court. Not great options for people who already don’t like each other.
Fortunately, there are solutions. If you fall into the category of people discussed in this article, don’t fear. By visiting a qualified estate planning lawyer in your area, you can stop the battle before it starts by simply creating your estate plan. In most instances, these are very basic documents that expressly set forth your wishes for who is in charge of you, your property, and ultimately who gets your property when you die.
If you would like to learn more about creating a customized estate plan that fits your needs, give Weldy Law, PLLC a call and schedule a free initial consultation- 806-928-2087.
The above blog is for informational purposes only and is not legal advice nor does any information or communication with this website create an attorney-client relationship.