Estate Planning for Singles
Serving Individuals throughout Houston, Texas and the Surrounding Areas
According to the U.S. Census Bureau, more than half of all adults in the United States are single. Whether you have never married, are divorced, or have lost a spouse, being single does not mean that estate planning is unnecessary. In many ways, estate planning is even more important for single adults than it is for married couples, because single individuals do not have the legal safety net that marriage provides.
When you are married, your spouse has certain legal rights to make decisions on your behalf if you become incapacitated. Your spouse also has certain rights to inherit your property if you pass away without a will. When you are single, no one has those rights automatically. If you become incapacitated and you have not signed a power of attorney, no one – not your parents, your siblings, your partner, or your closest friend – has the legal authority to make financial or medical decisions for you. Instead, someone would need to petition a court to be appointed as your guardian, a process that is time-consuming, expensive, and public.
The Probate Court Process
If you pass away without a will, your estate will go through the probate court process, and your property will be distributed according to Texas intestacy laws. The probate court will appoint an administrator to manage your estate – and that person may not be the individual you would have chosen. The court process is public, which means anyone can access information about your assets and your beneficiaries. It is also slow, often taking months or even years to complete, during which time your assets may be tied up and unavailable to the people who need them.
State Intestacy Laws
Texas intestacy laws determine who inherits your property if you die without a will. For a single person with no children, your property typically passes to your parents. If your parents are no longer living, it passes to your siblings. If you have no surviving parents or siblings, the law continues to look further and further into your family tree – to nieces, nephews, aunts, uncles, and cousins – until it finds someone who qualifies as an heir. If no heir can be found, your property escheats to the State of Texas.
These intestacy laws do not account for your personal relationships, your wishes, or the specific needs of the people in your life. They do not provide for an unmarried partner, a close friend, a stepchild, or a charity. If you want any say in who inherits your property and who makes decisions on your behalf, you need an estate plan.
How We Can Help You Avoid Probate
At The Stegall Law Firm, we help single individuals throughout Houston and the surrounding areas create estate plans that reflect their unique circumstances and priorities. For many single clients, a primary goal is to avoid probate entirely. We can accomplish this through a combination of tools, including revocable living trusts, beneficiary designations, transfer-on-death deeds, and payable-on-death accounts. By titling your assets properly and designating beneficiaries on your accounts, we can ensure that your property passes directly to the people you choose – quickly, privately, and without the need for court involvement.
We also help you put in place the documents you need to protect yourself during your lifetime, including a statutory durable power of attorney, a medical power of attorney, a directive to physicians, and a HIPAA authorization. These documents ensure that the people you trust have the authority to act on your behalf if you are ever unable to act for yourself. Do not leave these critical decisions to a court. Take control of your future by creating an estate plan that reflects your values and your wishes.