FAQs About Wills, Planning for Special Circumstances

The Characterization of Real Estate Purchased With Separate Property During Marriage

A reader asked a very interesting question recently after reading my article on the characterization of property in Texas. He asked whether a house purchased during…

FAQs About Wills

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…

FAQs About Wills

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.

FAQs About Wills

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,…

FAQs About Wills

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…

FAQs About Wills, Probating a Will

Can a Convicted Felon be an Executor in Texas?

I received a email recently from someone asking whether a convicted felon can serve as an executor in Texas. The individual who contacted me had two…

FAQs About Wills

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…

FAQs About Dying Without A Will, FAQs About Wills

Is There A Difference Between A Beneficiary And An Heir?

The words “Beneficiary” and “Heir” are often used interchangeably, but each word has a very specific legal definition. A beneficiary is someone who benefits from the transfer…

FAQs About Wills, Probating a Will

Can The Beneficiary Of My Estate Also Be My Executor?

I’ve received several emails the past few weeks asking whether it is possible for a beneficiary of an estate to also serve as executor. Naming someone as…

FAQs About Wills

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…