What is Probate? Probate is the process that addresses what happens to a person’s estate once one is deceased. Simply put, it is the legal proceeding that distributes your property once you die.

You may wonder:

• What rights do I have to distribute my property once I die; or
•  Do I have to leave my children an equal amount of my money/furniture; or
•  Do I have to see a lawyer to write a valid will?

Well let’s address those questions here, shall we?

In January 1, 1956, Texas codified the Probate code. The Probate Code is a collection of laws in one book relating to every aspect of identifying and distributing a decedent’s property to the rightful legatees and heirs. Additionally, there is case law relating such matters.

As citizens of the country, more specifically the State of Texas, we have certain rights to dispose of our interest in property, as we so desire.

The property, as long as identifiable, may be given in vivo or post mortem by bequest in a valid will. The person identified to receive your property must be a living person. As the law stands today, bequests to animals or inanimate objects are void. So don’t leave all of your worldly possessions to Brutus, the faithful hound that hunted by your side in sub zero temperatures, or Stanley the Siamese kitty that lofted on the lounge as you sipped tea at Bunco. Absent of that caveat, you are entitled to bequest your interest in property to any person you choose.

Parents often find themselves torn in anticipation of death just as in life between what is fair among their children. Not that it is any consolation, but the Probate Code does not require that you bequest any portion of your estate to your children. Neither does it affect your rights to distribute equally or unequally. Only you can be the judge of that. Keep in mind the earning ability, age, state of health, and the need for guardians that your children may require after your passing.

If you are married discuss the issue with you spouse, if not the think long and hard about what you believe is best. Remember, your love cannot be measured by dollars and cents, but good sense.

Some question the necessity to talk to a lawyer about writing a will. A will is the single most important document that expresses your wishes after you pass. If you don’t take the time to talk with a competent lawyer who is familiar with the Probate code, your heirs may not get what you intended in a timely fashion. This article is not intended to relate specific legal advice to any one person.

One should always consult with an attorney in person to discuss specific matters relating to them or legal matters of concern. Any interpretation of the law here is the view of the column’s author. Attorney Lydia Dews is not certified by the Texas Board of Specializations.

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