Last updated: 11/12/20
COVID-19 Is Reminder of Need for Wills, Medical Directives, Powers of Attorney, and Other Estate Planning Needs
The coronavirus pandemic has made clear the need for estate planning.
Estate planning is the process of completing the legal documents needed if you or a family member becomes disabled or incapacitated, or in the case of death.
The documents for each category are explained here. Together, they constitute the documents that Texans should consider having to help themselves and the people they love if the worst happens.
It is always best to consult an attorney about specific circumstances. However, the cost of legal services does not have to be a barrier.
Most of the forms and instructions listed below are available in English and Spanish.
Death
A LAST WILL AND TESTAMENT tells the court who you want to get your things after you die. It also tells the court who you want to be in charge of making sure your bills are paid, and your property goes to the right people.
Why it's important: If you do not have a will, and you have not made other plans for your property, your property may not go to the people you want to take care of. A Last Will and Testament is not effective until a court approves it.
Forms and instructions
https://texaslawhelp.org/article/do-it-yourself-guide-handwritten-wills
https://texaslawhelp.org/article/when-and-how-do-handwritten-will-lanwt-video
A TRANSFER-ON-DEATH DEED lets you choose who gets title to your home after you die. If you have a transfer on death deed, your family may not have to go to court to probate a will.
Why it's important: If you have a will and someone doesn't probate the will in court, then your home may not go to the person you want to have it. Also, the mortgage company may not talk to that person unless they have proof they own the home.
Forms and instructions
https://www.texasatj.org/texas-transfer-toolkit
A PAYABLE-ON-DEATH BENEFICIARY DESIGNATION allows you to choose the person who acquires (1) the money in your bank account after you die, (2) your life insurance proceeds, and (3) your retirement benefits.
Why it's important: Your loved ones may need access to your funds to pay funeral expenses and bills. A will takes a long time to probate and doesn't allow quick access to the funds. If you don't have a will, the person you want to access your funds may not be able to.
Naming a Custodian: If you want to leave money for a child's care, you will need to name a custodian. Otherwise, a court proceeding may be required to determine who can manage the money for the child.
Forms and instructions: There isn't one form. You can contact your bank and ask them to fill out a payable on death beneficiary. For life insurance, contact the company to confirm or update your beneficiary. For retirement assets, contact the administrator for the account to confirm or update your beneficiary.
For any of these forms, if you want the money to go to a minor child, you can say: "to [name of custodian] as the custodian for [name of minor child] under the Texas Uniform Transfer to Minors Act."
A BENEFICIARY DESIGNATION OF A MOTOR VEHICLE lets you pick a person who obtains the title to your car after you die.
Why it's important: If you have a will, it can take a long time and be expensive to go through the probate process. If you don't have a will, the person you want to get your automobile may not be able to obtain the title.
Forms and instructions
https://www.texasatj.org/texas-transfer-toolkit
A DESIGNATION OF GUARDIAN FOR A MINOR CHILD IN THE EVENT OF INCAPACITY OR DEATH tells the court who you want to care for your child and who should control any money or property for the care of that child. The person you choose must still file for guardianship in court.
Why it's important: Sometimes there are disputes about who will take care of a child. The designation of a guardian tells the court your preference.
Forms and instructions
Declaration of Appointment of Guardian for My Children in Event of Death or Incapacity Form
Guardianship Resource | Texas Law Help
An APPOINTMENT FOR DISPOSITION OF REMAINS lets you pick who gets custody of your remains.
Why it's important: It can help avoid or resolve disputes about who makes decisions over final arrangements.
Forms and instructions
https://tfsc.texas.gov/files/Forms/Appointment%20to%20Control%20Disposition.pdf