Can beneficiaries agree not to be bound by a will?
The quick answer is yes, they can. Texas recognizes what are called “family settlement agreements.” A family settlement agreement will be enforced by a court even if the distribution of the assets under the agreement differ from the distribution of the assets under the will. A family settlement agreement is an alternative method of administration [...]
Can two people enter into a contract to make their wills a certain way?
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 [...]
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; [...]
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 [...]
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