Your Will, a legal document allocating your property to beneficiaries, contains much more than just property. It allows the designation of a legal guardian for minor children and provides an executor. The executor manages your estate, pays any debts, expenses, and taxes, and distributes your assets based upon your wishes. If you don’t trust your executor, then don’t use that person.
Validity of A Will
In Texas, three conditions satisfy its validity:
- It indicates an intent to dispose of your assets. However, if you send an email to a lawyer providing instructions about its preparation, that email cannot be considered as your Will. You only sent instructions, therefore, only the final document can be your Will.
- Legal Capacity means satisfaction of certain criteria you specify. Consequently, the heir’s requirements may include such conditions as being over eighteen years of age, legally married, or in the Armed Forces of the United States.
- Testamentary Capacity or the mental capacity to understand that you created a Will.
Three types of Wills exist in Texas:
- Attested the most common form, where at least two witnesses over the age of fourteen sign.
- Holographic, handwritten solely in the handwriting of the person developing it, requires no witness and can be written on just about anything.
- Oral, no longer accepted after September 1, 2007, is only valid under very specific circumstances.
The courts in Texas allow for the addition of a self-proving affidavit. The affidavit describes the validity and must be signed in front of a Notary Public by the person making the Will and two witnesses. This saves considerable time and expense regarding disputes.
Make it Simple
Peruse the Internet to see the hundreds of sites offering packages for writing your own. If you want to take a chance, then choose one and give it a try. However, do you want to leave this type of document to chance? If you consider which would be the most important choice, then you might not choose between solid legal advice and assistance in writing your Will.
Mark Barber, Attorney at Law, offers exactly what you need. He proposes the best advice in Wichita Falls, Texas to ensure your Will protects your legal rights and desires.
Call Mark Barber, Attorney at Law, at (940) 761 3009 and rest easy.