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.

Defining “Handwriting” for Purposes of a Holographic Will

What Is a Holographic Will? A holographic will is a handwritten will that is entirely in the testator’s own handwriting and signed by them. Unlike traditional wills, it does not require witnesses to be valid

How Many Witnesses Need to Sign A Will In Texas?

Texas recognizes two types of written wills and the witness requirements are different for both. Holographic Wills are Wills that are completely in the handwriting of the Testator and signed by him or her. The

What Is The Difference Between A Living Will And A Last Will and Testament?

Many people confuse Living Wills with Last Wills and Testaments. They sound similar, but serve very different purposes. A Living Will, also known as a Directive to Physicians, is a document that allows you to

Can I Force My Stepmother To Show Me My Deceased Dad’s Will?

Imagine your father, who is no longer married to your mother, dies leaving a Will. He told you that you were a beneficiary of his estate, but when you ask your step-mother to see the

Do I Need A Will If I Have A Power of Attorney?

A durable power of attorney allows you to choose a person you trust to handle your financial affairs if you become incapacitated and can’t handle them yourself. If you don’t have a durable power of

Is an Unsigned Will Valid in Texas?

The short answer is no. An unsigned will is not valid in Texas. Last week, I discussed why estate planning is important despite our optimistic outlook for the future. The article was prompted by an

Is A Will Valid If It Is Not Dated?

Someone contacted me last week inquiring whether a Will is valid in Texas if it is not dated. Apparently, the individual’s father-in-law died leaving a short typed Will. He signed the Will and two unrelated

Does Revoking My Will Revive a Prior Will?

Over the Thanksgiving weekend, I received a question from someone who wondered whether revoking a current will would revive a will that was signed previously. Unfortunately, I seem to have accidentally deleted the email before

How Does Divorce Affect the Rights of Stepchildren Who Are Named In A Will?

I have written before that making a will is not a something you do just once in your life. Your will is something that should change as your life does. Otherwise it can become an

What Happens If A Beneficiary Of A Will Dies First?

When Texans draft wills and name beneficiaries, they expect  that the beneficiaries they have named will outlive them. But that is not always the case. Sometimes a beneficiary named in a will dies first. Most

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