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Business & Estate Planning Law Blog

When "I'll wait" turns into "too late."

If you’ve browsed this website at all, you’ll notice that one of my main themes is planning. I say it repeatedly, because there is absolutely no substitute for proper planning, and a lack of planning can become quite problematic for all involved.

I regularly get clients who find themselves in an uncomfortable situation in which they have little control, because they or their loved ones chose to try and take an easy way out and bypass getting a lawyer to handle their affairs.

There are plenty of form wills online, that will probably be more difficult (and often, more costly) to probate, if they are even valid at all. Some folks believe that they can do their own will themselves and save a few hundred dollars. However, each of those can pose immense issues for their loved ones.

If a will is not valid, we must do an intestate administration of a person’s estate. This means that instead of the person’s wishes being carried out, Texas law dictates where everything goes.

The same can be said for business creation and management as well. Without some form of business structure and the subsequent organizational documents, a business owner’s personal assets could be at risk from attacks from creditors and others through lawsuits.

Ultimately, by the time someone sues, a loved one passes away or gets dementia and no longer has capacity to sign documents, it’s likely too late to adequately make protective changes. This does not mean that a favorable outcome is out of reach but is far from a sure thing.

Protect yourself, your family, and your livelihood with legal planning.