Clients quite often begin our initial conference with just that question. It is a very legitimate question and one that I take seriously. It means not only, "Do I have to spend this money?" but also, and just as important, "I don't understand what this is all about."

Almost everyone needs a will. I have been practicing law since 1971 and I have had one person who I concluded did not need a will. She was a young single woman with no children. Her only assets were her car, a bank account and her employee benefits. If she died she wanted everything to go to her mother. If she died without a will, everything would go to her mother anyway. Her mother was on her bank account and her mother was named the beneficiary of her employee benefits. Thus all of these assets could be transferred to her mother without a will and without probate. Also, her car could be transferred by signing an affidavit provided by the motor vehicle registration department.

She left my office without a will. She is the only client who clearly and completely qualified.

It is true that I have handled many estates for people who have died without a will and their estates are resolved without great expense. However, there is an element of luck and I have handled many more estates where the costs were unnecessarily high because there was no will.

Finally, I admit that I have seen some estates where the will was a mess and everybody would have been better off if the person had died without a will. This too is unusual and has as much to do with the lawyer who wrote the will as anything else.

Yes, you can. Again, I have probated wills that were hand-written. I have also probated wills that were forms or where someone had copied from someone else. Some have worked just fine and some have been a disaster.

Texas allows for holographic wills, that is, wills solely in the handwriting of the testator. However, Texas, like all states, has several safeguards to insure that a will is the final, freely made will of the decedent.

The most common problems with wills written without the assistance of an attorney are:

Intent: Was the document intended to be a will and what did the testator mean when he used a particular word?

Lack of Intent: The second set of problems arises from what was not said. Did the testator make clear what happens if the beneficiary, or a beneficiary, predeceases him?

Lack of formalities: Was the will signed with the formalities required under Texas law?

Independent Executor without bond: Did the will specifically name a person to act as independent executor without bond?

To write your own will is like trying to fix your own car. You may be able to do it, but there may be problems. And unlike with your car, if you do not do it right, no one will know until it is too late.

No and no. While estate planning sounds sophisticated, it has a meaning that applies to almost everyone (see below). In fact, smaller estates are in just as much need of planning as large ones. If a person of modest wealth does not carefully plan what happens to his property when he dies, the results can be disastrous. All of his estate may not pass to his spouse; or his estate may pass to his minor children and be subject to a guardianship; or his life insurance or employee benefits may pass differently than the beneficiaries of his will; or he may not have made arrangements for his incapacity.

Estate planning is the process of thinking out the consequences and results of growing old and dying. Generally it has 7 elements, each of which must be carefully addressed.

1. Who are the objects of my bounty? Who do I want to receive my property on my death?
   
2. How are they to receive it? Is a trust needed for my minor children? Is a trust needed so my spouse can receive the benefits during her life and then it passes to my children (possibly from a prior marriage) on her death? Should my spouse have a power of appointment? Do any of my children have special needs requiring that their share of my estate needs to be held in trust for them (and is any special language needed to allow them to qualify for governmental benefits)?
   
3. Who shall be my fiduciaries? Who will be my executor, the trustee and if I have my children, the guardian?
   
4. Creditors. Do I or my beneficiaries have any creditor issues? Is it appropriate to arrange my affairs to minimize exposure to my creditors? Do I have any spendthrift beneficiaries? Do I have any beneficiaries who may be subject to lawsuits, such as doctors?
   
5. Taxes. Is my estate subject to taxes? If so, there are many actions that can be taken to reduce or eliminate the tax burden on my death.
   
6. Liquidity. Will there be a cash problem on my death -- taxes, debts or the fact that I will not be generating any income? How can those problems be anticipated and solved or minimized?
   
7. Old Age Planning. Who do I want making decisions for me if I become unable to manage my own affairs?
   

Absolutely yes. Two things: Read and talk to people. Think about those among your friends whose opinion you respect. Ask them. They have probably been through the same process. Ask them about what they did, what they read and how they prepared.

Read: There are numerous books and frequent articles. A particularly helpful book is How to Live and Die with Texas Probate, Charles Saunders, Editor. The more you read, the better your questions for the attorney.

But don't get bogged down. There is a lot of material out there and a lot of questions. It is very easy to do nothing because you are not quite ready. That is a much bigger mistake. You are always going to have questions. You will not have them all answered before you call an attorney.

Attorney. It is vital. It starts with the attorney. The information you share with the attorney is almost all of your most personal affairs: How much money do you have; what is its form and nature; what about your family worries you; how is your health; who do you want to look after you when you get old; who should not be allowed to look after you.

You need to be comfortable discussing these issues. If you do not feel comfortable, change lawyers. The quality of your planning will depend in great part on the ability of you and your attorney to translate your concerns and wishes into a workable plan.

Fiduciaries. You need to tell your decision makers (your fiduciaries, your executors, trustees, power of attorney holders, etc.) who they are, under what circumstances they are to step in and where the necessary documents are located.

Family. Finally, communication with your family is important. As a general rule you want to discuss your plans with your family -- especially if you do not treat the children equally or if you have a spouse and children by a prior marriage.

If your family hears from your mouth what your wishes are, it reduces dramatically the likelihood that they will contest your will or fight each other. If they hear the plan directly from you, then they know it is your wish. If, however, they read about it for the first time after your death, suspicion and mistrust can run rampant.

Exceptions. This is a general rule. Sometimes there is a problem person. To tell him, or her, would merely invite acrimony now, which will continue unabated after death. This happens with some frequency and is a legitimate reason for not disclosing your plans. If at all possible, though, it generally makes matters easier for those left behind if it is discussed during life. There is a natural tendency with most people to not discuss these matters. That should be examined very carefully before deciding to remain silent.

Sometimes the plan may change. It can be a mistake to write a will and tell everybody its contents only to change it. Announcing the contents can create expectations. To disappoint those expectations can create hurt and anger and increase the likelihood of litigation.

Unfortunately this important question is the hardest to answer. The services can range from a very simple will with no trusts and no tax planning to sophisticated wills, with trusts, limited partnerships, charitable annuities and grantor retained income trusts.

If you look in the paper you will see wills advertised for as low as $50. For that price you should not expect to meet the attorney or get anything but a cookie cutter will. The amount of skill of the attorney could also be in question.

However, most attorneys will either discuss this issue with you over the phone or will meet with you the first time without any charge. I usually have a brief phone conversation to determine if we are possible matches. I try to give some sense of the probable costs. If the fee range is workable for the client and I think we can work together, I schedule a first meeting. If I am not hired, I do not charge for that meeting. If I am hired, that time is usually valuable and I charge for that meeting.

In most instances I am able to give an estimate of cost at the first meeting.

The more of the following questions you can answer with yes, the less your probate procedure will cost you:

1. Has the estate been planned?
2. Is the will up to date?
3. Is the will self-proving?
4. Does it name an independent executor?
5. Does it waive the requirement of bond?
6. Is the fair market value of the estate less than $650,000?
7. Is there only one beneficiary of the will?
8. Are all of the surviving children also the children of the surviving spouse?
9. Are the bequests to the family made in the predictable and natural manner?
10. Have you eliminated or reduced all possible areas of controversy: family, property, bequests?
11. Did the testator discuss and explain the estate plan with the family?
12. Can the debts be resolved without delay or controversy?