Last Will and Testament Lawyers in Waco
The document that tells your family what you wanted — written so a Texas probate court can enforce it.
When you die without a will, your family has to guess at your wishes and let Texas law fill the gaps. A properly prepared last will and testament names who receives what, who administers the estate, and who raises your children. Our last will and testament lawyers in Waco draft and execute yours. Call (254) 457-5083.
A will names who receives what, who administers the estate, and who raises your children while they are still minors. Without one, Texas law answers all three questions for you, and your family works from guesses about the accounts, the land and the investments you left behind.
Most of the wills we draft are not complicated. A house, two or three accounts, a beneficiary who needs some protection, and no wish to leave the children a puzzle to solve in a probate court. That work is quoted before any drafting begins and is usually signed in a single appointment, with the witnesses and notary in the room.
What makes a Texas will hold up?
Execution formalities do most of the work. Texas has specific requirements about signing and witnessing a will, and a will that ignores them can be challenged or refused. We supervise the signing in our office, with the witnesses and the notary the statute contemplates, and we keep a record of how it was done — which matters years later if a disappointed relative decides to test it.
The other half is clarity. Wills fail in probate because they say something ambiguous, name an executor who has since died, dispose of property the person no longer owned, or ignore how retirement accounts and life insurance actually pass. We read your beneficiary designations and deeds alongside the will so the whole picture agrees with itself. That is the difference between a form and a plan.
What should I bring to the first appointment?
Bring a list of what you own and roughly what it is worth: real estate and the counties it sits in, bank and brokerage accounts, retirement accounts, life insurance, business interests, mineral interests, and any vehicles or equipment worth naming. Bring your existing will or trust if you have one, even an old one.
Then bring the people. We will ask who you want to receive property, who should serve as executor, who should be guardian of any minor children, and who should be the backup for each of those roles. Those choices are the part of the meeting only you can do; the drafting is ours. If you are also thinking about trusts or long-term care planning, say so at the outset so we can quote the whole plan at once.
What does a will not do?
A will does nothing while you are alive. If you are in the hospital and cannot sign, your will is irrelevant — the documents that matter then are your durable and medical powers of attorney. Without them your family may have to ask a court for a guardianship instead.
A will also does not avoid probate. It is the instrument the probate court applies, which is a feature, not a flaw: Texas probate is comparatively efficient when there is a clean will and an independent executor named in it. Where a family wants to keep assets out of court, or to control an inheritance over time, that is trust work, and we will explain honestly whether your situation calls for it.
What we prepare
Wills and the documents that travel with them
Most clients sign a small set of documents in one appointment. Here is what that set usually contains.
- Last will and testament, with an independent executor named
- Pour-over wills for clients with a living trust
- Guardian designations for minor children
- Durable power of attorney
- Medical power of attorney and directive to physicians
- Declaration of guardian in advance of need
- Review and restatement of an out-of-date will
Who handles this work
The attorneys who draft our wills
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Elisa Dillard Rainey
Co-founder, focused on estate planning matters including pour-over wills and living trusts.
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Daniel Hare
Advises clients on wills, trusts, powers of attorney and strategies to protect assets and provide for future care.
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Chris Freyder
Drafts wills and trusts with an eye on how a plan will behave years after it is signed.
Contact us
Have your will drafted properly
Call (254) 457-5083 in Waco or (512) 598-9005 in Georgetown, or send the form and we will call you back.