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.

Is it Necessary for a Witness to Read my Will?

Wills include private information about how your property will be disposed of when you die. Clients often want this information to remain private and are therefore concerned about whether it is necessary to share the

Who Inherits If The Beneficiary Of My Will Dies Before Me?

Although it’s unpleasant to consider, there is a possibility that those whom you’d like to benefit in your Will may not survive you. For example, you may wish to give all your worldly possessions to

Is Gift to Stepchildren Void if Testator is Divorced After Signing a Will?

I received a note yesterday from someone whose mother had recently passed away. His mother’s Will, which was made before she divorced, identified her stepchildren as beneficiaries. The note’s author asked: “Do the stepchildren have

Can I Rewrite a Deceased Persons’ Will?

I received a message from someone this week whose husband had passed away seven years earlier leaving a Will that gave all his worldly possessions her. However, she never had the Will probated. I’m not

Is A Will Signed By One Witness Valid If It Is Also Signed by a Notary?

I have written before about the requirements of a valid will in Texas. To be valid, a Will must be signed by the testator, or another person at the testator’s direction and in his presence,

Do I Have to be an Adult to Make a Will in Texas?

The Texas Estates Code provides that in order for a Will to be valid, the person making the Will must not only be of sound mind, but also have attained the age of eighteen years;

If You Are A Part of A Blended Family, You Need A Will

I got an email from someone whose husband died without a Will. She and her husband had been married for 17 years. He had three children from a prior marriage, and they had one child

Can I Add a Self-Proving Affidavit to a Holographic Will?

I have written before about the benefit of adding a self-proving affidavit to an attested Will. Doing so typically save time and expense because it eliminates the need that sworn testimony from witnesses will be

Who Can Witness My Will in Texas?

Witnesses have a very important role in Will executions. It’s their job to verify that the Testator executed his will and had testamentary capacity and intent to do so. In order for a non-holographic Will

What Types of Wills are Recognized In Texas?

Texas recognizes two types of written Wills. An attested Will is the most common type of Last Will and Testament. To be valid, it must be in writing, signed by you, or another person at

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