Wills

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.

What is a Self-Proving Affidavit?

A self-proving affidavit is a sworn statement that accompanies a Will. In the case of an attested Will, the testator and all witnesses sign it in the presence of a notary. The self-proving affidavit affirms

Can A Parent Disinherit An Adopted Child?

A woman’s adoptive father was dying. She was worried, but not about what you’d expect. You see, her father inherited a piece of family land from her grandmother that her grandmother always said would one

The Characterization of Property in Texas

I have written before that the characterization of property as separate or community dictates who inherits property when a married person dies without a Will in Texas.  It also affects which property you can dispose

Can I Change My Will Before My Divorce is Final?

Couples who are happily married make different estate planning choices than couples who are separated and heading towards divorce. Happily married couples generally create Wills that protect and provide for their spouses, but in the

Will Having a Will Help me Avoid Probate?

I received a note this week from someone who was confused. A friend’s husband had died leaving a Will that gave his wife a house he owned before they were married. She had presented a

Will Signed Before Marriage Doesn’t Make Provision for Spouse

A widow contacted me this week. Her husband of 19 years had recently passed away. She found a Will he had signed before they met leaving everything to his mother. He didn’t sign a new

What are the Mental Requirements for Making a Will?

A concerned daughter contacted me. Her mother’s Will was outdated, and needed to be updated. She has been wanting to make changes for years, but getting this done now seems more pressing. Her mother is

Have You Reviewed Your Will Lately?

I always schedule a document review conference with my clients before they sign their Wills. It gives my clients the opportunity to ask questions they may have about various provisions in their documents to that

Is A Will Valid if the Testator signed the Will Several Days Before the Witnesses?

Section 251.051 of the Texas Estates Code sets forth the requirements of a valid Will in Texas. It provides that a last will and testament: must be in writing; signed by the testator in person

Can I Make a Will if I am Physically Incapable of Signing a Document?

A Will is an important document. It allows you to specify who will receive your property when you die. To be valid, certain formalities must be followed. For example, if you want to create a

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