As this is a divorce blog, we don’t spend too much time talking about
probate, Wills, or estate planning issues. However, those issues are often
relevant in family law and divorce matters. In just about every divorce
case we do here at Cokerlegal, we end up preparing new Wills for those
clients who already have them and often prepare a first Will for those
Most married couples I meet have what are referred to as “Mom and
Pop Wills.” These Wills leave everything to the testator’s
spouse, in the event of death, and then to the kids. It is usually the
case that, once a couple decides to divorce, they no longer wish to designate
their spouse as the beneficiary of their estate or the person who controls
the disposition of their assets. Accordingly, it’s usually necessary
to update or draft a new Will when someone is going through divorce.
Also, Wills usually deal with more than who gets what when a person dies.
It’s possible in Texas to establish trusts for your children in
a Will. It’s also possible to set out who you would want to take
care of your kids if something happens to both parents. This ability is
often the most important consideration for divorcing parents.
Finally, when we do Wills for clients, we usually do a complete package
of planning documents, including the Last Will and Testament, Living Will
(also known as a Directive to Physicians), Durable Power of Attorney,
Medical Power of Attorney, and Designation of Guardian. These additional
documents provide for what happens to you and your estate, and who makes
important decisions for you, in the event you are unable to do that for
yourself. Again, most married couples, who already have these documents,
have designated their spouse to do this for them. As stated above, during
and after divorce, most people want to change this designation.
Through the end of June, our office is running a special for 50% off our
consultation fee for Will and Estate Planning Consults. This discount
is for our office Facebook Fans. If you would like to take advantange
of this offer, go to our Facebook Fan Page (
www.facebook.com/CokerLegal) and become a fan. Then contact our office by e-mail or phone, mention
you’re a Facebook Fan, and set a time for your consult. Whether
you are involved in a divorce or not, it is important for everyone to
have a Will. Texas has one of the simplest and most progressive Probate
processes in the country, but it is only simple and efficient if you have
a Will that takes advantage of those processes.