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Estate Planning & Probate Specialists

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Discussing estate plans with your parents

Estate planning involves drafting a will and other essential documents. Effective estate planning can simplify probate in Texas compared to dying without a will. However, only some people put effort into it. Children of parents who have not drawn up a will may benefit from asking their parents about their current plans and how to move forward if there are none.

How to ask your parents whether they have a will

Some adult children might not wish to discuss estate plans with their parents because of the uncomfortable nature of talking about mortality. However, there could be disastrous consequences if a parent dies without a will. Intestate laws would guide the probate process, which might not reflect what a parent actually wants. Also, it could lead to hassles and stress for the surviving children and other beneficiaries.

So, those with a stake in their parents’ estate may need to ask their parents about estate plans directly. Emphasizing the problems inherent without a will could prompt the parents to take steps to draw the necessary documents.

Other points about estate plans

Estate planning is not always a one-time event and may require updates and adjustments. Sometimes, the parents may have already drawn up a will, but the document is outdated. Reviewing the will and notating elements that require changing could be necessary. Otherwise, problems could arise during probate, such as dealing with an executor who is no longer competent.

Additionally, looking at the estate plan to determine whether it is comprehensive could be wise. Other components, including a financial and health care power of attorney, could be necessary to handle other matters that may arise that are not covered under a traditional will.