If you do not have a will and are considering writing one, let me encourage you to take this crucial step in your estate planning. Most of us are uncomfortable thinking about our own mortality, and writing a will forces us to face the idea that we won't be around forever. However, writing a will is a great privilege. You might not be able to take it with you, but you can control what happens after you pass on.

If you won't write a will, the State of Texas has written one for you. Texas has a number of default laws that apply if you die intestate, that is, without a will. In many cases these default laws are about what you would expect them to be. For example, if a single person dies without having children, everything goes to the parents. If the parents aren't living, then to the siblings, etc. Sometimes, though, the laws are not what you might expect. For example, if you're married with no children, your spouse gets only half of your separate real property; the other half goes to your parents, or if they're not living, your siblings. Friends and unmarried life partners get nothing unless you provide for them in a will.

Even if your wishes follow the default rules, a will still benefits your estate. In cases where there is no will, the administrative costs can be higher. Someone has to inventory your possessions, make an investigation into whether you have any living heirs, provide a report to the court, etc. All this takes time and money, and that money comes out of your estate.

If you have minor children, you have an even greater reason to write a will. You can designate a guardian who will care for them. Chances are you have strong opinions about which friend or family member you would want to raise your children should something happen. No one knows your family situation as well as you do. Do you really want the state deciding who takes your kids, with no input from you?

Hopefully after reading this you are convinced you need a will. There are web sites that provide blank-form wills that you can print off and sign. I advise against using them. These forms are a one-size-fits-all solution, and there may be circumstances in your life to consider that aren't addressed by the form. In addition, case law is full of stories where someone's will was held void because it violated some rule of form, or where the testator left someone a cedar chest and there's a dispute over whether that was supposed to include the contents. In short, there are a number of pitfalls. If you prepare the will yourself, there is a chance your wishes will not be followed.

If you don't already have an attorney, you are invited to contact The Law Office of John Sharp to discuss your needs and help you prepare a will.

Disclaimer: This article is intended for information only and is not legal advice. Every situation is unique and you should consult with an attorney regarding your particular circumstances.