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Telephone: (972)980-8000
E-Mail: JerryMelton@jerrymelton.com

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 Wills

Lawyers and many other people think it is a good idea for people to have wills. With a will, one can control the distribution of his or her own property as specifically as he or she likes. Without a will, the laws of dissent and distribution control. 

If you die without a will, state law will determine who receives your property by default. Typically the distribution would be to your spouse and children, or if none, to other family members. State law often reflects the legislature's guess as to how most people would dispose of their estate and builds in protections for certain beneficiaries, particularly minor children. That plan may or may not reflect your actual wishes.  A will allows you to alter the state's default plan to suit your personal preferences.

A will provides for the distribution of property owned by you at the time of your death in any manner you choose.  Your will cannot govern the disposition of properties that pass outside your probate estate (examples: joint property, life insurance, retirement plans and employee death benefits) unless they are payable to your estate. 

A will does not govern the transfer of certain types of assets, called non probate property, which by operation of law or contract pass to someone else on your death.

There are a number of other important objectives that may be accomplished in your will:

You may designate a guardian for your minor child or children if you have survived the other parent.
You may designate an executor of your estate in your will and eliminate the need for a bond
You may choose to acknowledge or otherwise provide for a child (stepchild, godchild, etc.) in whom you have an interest, an elderly parent, or other individuals. 
If you are acting as custodian for the assets of a child or grandchild under the Uniform Gift (or Transfers) to Minors Act, you may designate your successor custodian and avoid the expense of a court appointment. 

While it is easy to be persuaded by advertisements claiming you can save time and money by drafting your own will, it is unlikely that these systems will generate a suitable will that accomplishes all your objectives. Only a qualified attorney can interpret the laws bearing on property rights, taxes, wills, probate, and trusts. 

You can save time and money by preparing thoroughly for a meeting with Jerry Melton. Organize your information regarding your assets, liabilities, and title arrangements and discuss your feelings about providing for various family members, provide copies of important documents such as previous wills or trusts, powers-of-attorney, life insurance policies, employment benefits, and prenuptial agreements or divorce decrees. 

The advice and direction of Jerry Melton will be essential to implementing an estate plan that both disposes of your assets according to your wishes and meets your other personal objectives.

If you have questions, or would like to schedule an appointment, please to not hesitate to contact Jerry Melton.

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