This question usually comes up when a husband and wife make their wills at the same time. A contractual will is different from a joint will. A joint will is just one document that has the testamentary wishes of two people. It is not contractual. A mutual or contractual will is one executed pursuant to [...]
Archive of entries posted on April 2009
If an attorney prepares a will, can the will leave property to him or someone in his office?
The quick answer is no, it can’t. Texas has a statute that says “…a devise or bequest of property in a will to an heir or employee of the attorney who prepares or supervises the preparation of the will is void.” In a recent case, an attorney had a woman working in his office that [...]
Can a beneficiary attest a will?
As stated in another post on this blog, a will has to be attested by two are more credible persons above the age of 14 who sign the will in their own handwriting in the presence of the testator. Normally, credible person means someone who does not take under the will. Who is not a [...]
What do you do if you think that an elderly person is being exploited?
In Texas, there is a statute that requires you to report the exploitation if you have reason to believe that it is taking place. The statute reads “a person having cause to believe that an elderly or disabled person is in the state of abuse, neglect, or exploitation shall report the information…” It is a [...]
Can you replace pages in your will?
If you have a will and you decide to make changes to it, can you take out a page and replace it? If you replace pages and then re-execute the will with the formalities required of a will, you can make changes. However, if you just make changes to your will such as: Replacing pages; [...]
Do you get an inheritance if you never knew your father? Or mother?
Occasionally, the situation will arise were a child is born but never knows one of his parents. This may happen because the mother and father were never married. It could happen because the mother and father were married but for whatever reason, the father left before the child was born or shortly thereafter. It could [...]
What are the formalities required to make a will?
In Texas, there are two sets of requirements for wills. One applies to the rare situation where wills are wholly in the handwriting of the testator and the other one applies to the more common situation where wills are not wholly in the handwriting of the testator. A will that is wholly in the handwriting [...]
