To see a discussion of the requirements of executing a will, click here. What happens if the witnesses sign the will before the testator? Do the witnesses have to sign the will after the testator? As long as the execution of the will is done in one transactions, it doesn’t make any difference whether the [...]
Archive of posts tagged Preparing will
Should you prepare your own will?
At www.TheProbate.Net, we handle contested probate matters, usually involving litigation. We do not prepare wills. However, every lawyer receives questions about people preparing their own wills. We are often asked “You’re against getting wills off the internet because you’re loosing money, isn’t that right?” or some similar question. If those of us who are engaged [...]
Can you have an oral will?
Texas recognized oral wills (nuncupative wills) up to the year 2007. Now, oral wills cannot be offered for probate. To read more about oral wills, go here.
Is a forged will good for something?
It can be used to determine when the statute of limitations starts running says the San Antonio Court of Appeals. A man died. A will was offered and admitted to probate. A contest was filed. The jury found the will to be a forgery. The trial court ruled that the testator died intestate. There was [...]
Where do you sign a will?
In a recent case, the testator had what was obviously a self made will. It was not prepared by a lawyer. As you might expect in that situation, the will was contested. The contest involved the location of the signature of the testator. The will was four pages long. The first two pages gave the [...]
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 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; [...]
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 [...]
A man is sent to prison for forging a will.
A Michigan probate attorney, Andrew W. Mayoras, has posted some information on his blog about a man who forged his girlfriend’s will after she was killed. The will was contested and eventually declared to be a forgery. The man was ordered to pay the girlfriend’s family $340,000.00. He was also charged with a crime and [...]
Should I have a will?
The short answer is yes. If you don’t have a will, your estate will go to your heirs as determined by statute. That may be what you want but what if you are married and have children from a prior marriage. If you die without a will, your property, including your home, will go to [...]
