Your spouse automatically owns half of your marital estate if you live on community property. The law prohibits you from giving this share of your assets to another beneficiary, and attempting to do so could potentially invalidate your will. The case for hiring a lawyer is even stronger if your estate is large (in the millions) or if your situation is legally complex. If so, be sure to work with someone who is familiar with your state`s laws and has extensive experience in drafting wills. Your state bar may be able to help you find a suitable attorney. Learn more about the key provisions of Texas will laws in the table below. For more resources, see FindLaw`s Wills. For more information on will laws in Texas, see the links to the related resources listed below. You can also learn more about wills, trusts and estates in FindLaw`s estate planning section. Finally, to make sure your last wishes are clearly stated and legally enforceable, hire a Texas estate planning attorney to help you draft and execute your will.

If you want to leave certain personal belongings to certain heirs, start with a list of these assignments and finally include them in your will. In addition, you can identify the recipients of certain assets in a separate document called a letter of instruction, which is attached to the will. However, if you only include assignments in this letter, check that the document is legally binding in your place of residence. some States do not recognize them. Some states allow « holographic » wills, which are written entirely by the testator`s hand. « Complete » is the key word. Wills printed with handwriting inserted will likely not be recognized as valid, or at least the handwritten parts will be ignored. Holographic wills do not need to be observed in all states that recognize them.

Wills are legally binding documents that describe in detail how a person wishes to divide their property after their death. In most cases, states have very similar laws regarding wills. If you and your spouse do not have a will, you may be tempted to prepare a single document that covers both of you. Resist temptation. Estate planners advise against joint wills almost everywhere, and some states don`t even recognize them. Separate wills make more sense, even though your will and your spouse`s may end up looking remarkably similar. (As mentioned above, a joint will should not be confused with a mutual will.) The laws of the last will and will of each state determine whether a will is valid. These laws can be detailed and strict, and all must be followed to ensure that the court accepts your will and complies with its terms.

An entire will can be declared invalid and rejected for a seemingly minor error. Its terms and conditions are not binding. Wills written and signed by the testator but not attested are called holographic wills – from the less common secondary meaning of the word holographer, that is, a document written by hand by its author. Such wills are often used when time is of the essence and witnesses are not available, for example when the testator is involved in a life-threatening accident. If proper, your executors are required by law to administer your estate in accordance with the terms of your will. Although wills usually affect the majority of your assets, some are not covered by their instructions. These omissions include payments to the testator`s life insurance policy. Since the policy specifies the beneficiaries, these people receive the proceeds. The same is likely to apply to all investment accounts called « transfer on death ». Mutual wills can be used to ensure that ownership passes to the children of the deceased and not to a new spouse. Because of the differences between states in contract law, a mutual will must be drafted with the assistance of a lawyer.

Although the terms seem similar, a mutual will should not be confused with a joint will. However, there are many good reasons to have a will. One of the two things will happen if you don`t follow all the formalities in your state so that your will is not accepted as legally valid by the court. You don`t need a lawyer to write your will for you. However, your will must complete certain prescribed formalities or it may not be legally binding. For this reason, many people have their will drafted by a lawyer. The laws of other states provide for « noncupiative » wills that are pronounced aloud in front of at least two witnesses. Also known as « deathbed » wills, these are generally recognized only in limited circumstances, such as in the event of imminent death.

Witnesses are usually responsible for drafting the will and submitting it to the probate court within a relatively short period of time after death. In Texas, the law requires the testator (the person to whom the will applies) to be at least 18 years of age and to be in a good mood (full mental capacity) to execute a valid will. In addition, the state needs at least two credible witnesses — three if it is an oral will. It should be noted that Texas recognizes oral wills, as well as holographic wills (wills written entirely by the hand of the testator). There is an important exception: if the beneficiaries of these assets died before the testator, the policy or account returns to the estate and is distributed under the terms of a will or, if not, by an estates court – a part of the court system that deals primarily with wills, estates and related matters. Some of the general requirements in most states are: The least recognized are oral wills, in which the testator expresses his wishes in front of witnesses. In the absence of a written record, or at least a trace established by the testator, oral wills are generally not accepted by the courts. Note: State laws are constantly changing – contact a Texas will attorney or do your own legal research to review the state laws you`re looking for. However, holographic wills are not recognized in some states. In states that allow documents, the will must meet minimum requirements, such as.B. proof that the testator actually wrote it down and had the mental capacity to do so. Even in this case, the absence of witnesses often leads to a challenge to the validity of the will.

While a will is probably the best choice, there are several other types of wills that receive varying degrees of recognition. The letter of instruction can be written more informally than the will. It can also include details that will help your executor settle your estate, including account numbers, passwords, and even funeral instructions. Other additions to the will, such as a power of attorney, a doctor`s prescription or a living will, can tell the court how to deal with the case if a person becomes physically or mentally unable to work. Appointing guardians for your children in your will may not be the last word An estate court usually needs access to your original will before it can process your estate. It is therefore important to keep the document where it is safe but accessible. Avoid keeping it in a bank vault or any other place where your family may need a court order to access it. A waterproof and fireproof safe in your home is a good alternative. The original of your will should be kept in a safe and accessible place until it is needed.

Your family members or other interested people need to know where it is kept so they can get it when it is needed. A copy of your will is not enough in most cases – the original is required. Don`t make these common mistakes when writing your last will. It is perfectly legal to disinherit a person over the age of 18 (leave nothing to him). If it appears that you did not intend to disinherit an adult child, that person has the right to challenge your will in court. Ask a lawyer to prepare your will for you if you want to have the final say on what will happen to your estate after your death, and if you want to be as sure as possible that the terms of your will are met. .