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A will is the foundation of most estate plans. It lets you name who will inherit your property, who will serve as executor, and who will care for your minor children if something happens to you.
A Texas Will can leave separate property and a deceased spouse’s share of community property to others, but surviving spouses may retain homestead, reimbursement, exempt property, family allowance, and retirement account rights.
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Under Texas law, handwritten changes to a signed typewritten Will generally are invalid unless they meet the formal requirements for a new Will or codicil.
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This article explains how per stirpes, per capita, and per capita with representation distributions divide an estate among children, descendants, and other heirs under the examples discussed.
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A Will signed in another state may remain valid after moving to Texas, but updating it can help take advantage of Texas probate procedures, including independent administration and self-proving affidavits.
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This article explains Will contests, how no-contest clauses may deter challenges, when courts may not enforce them, and steps to reduce the risk of a successful contest.
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A residuary clause in a Will distributes the remaining estate after debts, expenses, and specific gifts, helping ensure that known and unknown assets pass according to the testator’s wishes.
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A Texas self-proving affidavit can simplify Will probate by providing presumptive evidence of proper execution and reducing the need for witness testimony.
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A self-proving affidavit confirms that a testator properly signed a Will before two witnesses and can eliminate the need for witness testimony during probate.
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In Texas, an adopted child inherits like a biological child under intestacy laws, but a parent may disinherit the child by Will.
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Explains how Texas classifies property as community or separate based on when and how it was acquired, including tracing, commingling, reimbursement, and marital-property agreements.
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