Married

Married individuals have additional estate planning opportunities and a greater variety of issues to address when drafting a last will and testament. You are most likely concerned with protecting your estate for yourself and your spouse, and for your children if you have them. Having a dependable last will and testament created by the Secure Wills™ web application is the best way to achieve your goals and make your desires known to the court and your family.

The probate process for married individuals addresses two fundamental issues:

1. Where will your estate be distributed and who will be in charge of the distribution.
2. If you have children, choosing an appropriate Guardian and Trustee to protect and care for them and their estate.

Distributing Your Estate

The primary purpose of any last will and testament is to appoint an Executor (the person who "executes" the terms of your will) and have him or her distribute your estate according to your intentions outlined in the will. It is extremely important to remember that many assets you own will pass outside of probate, meaning they will not be controlled by what you draft into your will.

Examples of assets that often pass outside probate include (but are not limited to):

1. Life insurance
2. 401(k) plans, Individual Retirement Accounts, and other retirement accounts
3. Bank accounts that have an ownership of joint tenants with rights of survivorship, and similar accounts that have beneficiary designations (like Transfer on Death or Payable on Death accounts)

You must review all of your assets and check their ownership and beneficiary designations because they will seriously affect your estate planning.

The Texas last will and testament created by you using the Secure Wills™ web application will control the distribution of your 1/2 of the community property and your separate property hat is not otherwise distributed outside of your estate (like some of the accounts listed above). If you are leaving everything to your spouse the character of the assets (community or separate) will not affect the overall estate, because after you pass your spouse will have complete ownership of the property regardless of its character as community or separate. However, if you are leaving all or a portion of your estate to someone other than your spouse, including your children, it is important to understand what is your separate property and what is community property.

Guardianship

If you have children choosing a Guardian for them is often the most difficult decision you will make in your planning. The thought of not being here with your child to raise them and watch them grow is gut-wrenching, but it has to be addressed to make sure they are cared for in a manner you would care for them if you were still here. In Texas, you may choose a single person to act as a Guardian, or a married couple to act as Co-Guardians. You may not appoint two people to act as Co-Guardians unless they are legally married, but you can appoint them to act in succession, i.e. if one cannot act as Guardian then the other may assume the role. You may also choose Guardians who do not live in Texas.

In addition to Guardians, who take care of your children day-to-day, you will need to appoint a Trustee to manage the estate of your children. When using the Secure Wills™ web application you may appoint single Trustees to act in order or appoint two Co-Trustees, although Co-Trustees are not recommended. You may appoint the same person or persons to act as Guardian and Trustee, but it is not required.