Texas Last Will and Testament FAQ
Table of Contents
- Where do I keep my Last Will and Testament?
- Who do I tell where my Last Will and Testament is?
- Do I need a Last Will and Testament?
- Isn't a hand written will just as good in Texas?
- Isn't a Last Will and Testament better written by an Attorney?
- Do I need a Trust?
- Can My Heirs avoid Probate?
- What is Probate?
- Can I change my Last Will and Testament?
- If I change my Last Will and Testament, what do I do with the old Original Last Will and Testament?
- Who can be an executor?
- What if I become incapacitated?
- What is a Self-proving Last Will and Testament?
Where do I keep my Last Will and Testament?
You need to keep it in a safe place such as a fire proof lock box or safe. Be sure to tell your executor and alternate where to find it. The original will be needed after you die. The important thing is that someone "knows" where to find your Original Last Will and Testament. If your executor cannot find the original, it will cause difficulty after you die.
You should also keep track of copies. If you change your Last Will and Testament, you should attempt to destroy all copies and any will that you have changed.
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Who do I tell where my Last Will and Testament is?
Be sure to tell your executor and alternate where to find your original Last Will and Testament.
Do I need a Last Will and Testament?
The basic answer is NO, but
Do you want some State of Texas bureaucrat to decide:
1. Who gets any money you had?
2. Who gets any automobiles you had?
3. Who gets any property you had?
4. Who becomes guardian of your children?
Allow some distant "cousin" to "blackmail" your heirs so as not to interfere with Probate?
Cause your family additional grief and stress?
If you have nothing and have no family, you do not need a will.
You do need a will if you do not want certain people to get your stuff or you want to make sure your family is the one that gets your property.
Almost every Texas needs a Last Will and Testament. Putting it off is a big mistake. No one "plans" to dies. Even if you get ill and know that you are dying, many still are not able to find time to complete a Last Will and Testament. With Simplelaw's Texas Last Will & Testament Question and Answer Software, you can easily complete a will in minutes! The time to do it NOW!
Texas Wills & Trusts Legal Form Book and Q&A CD-ROM Combo -- $49.95
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Includes Durable Power of Attorney and a Living Will as well as other family friendly forms!
Isn't a hand written will just as good in Texas?
No! A fully hand written will may be valid to probate, but it may contain holes and must have people testify at the probate that the signature and writing are "authentic". These witnesses cannot be any one who is a beneficiary of the hand written will. It is easy to contest and will cause your heirs un-necessary expense, stress and grief. You may also not have happen what you planned. A self-proving Last Will & Testament is far superior to a hand written will.
Isn't a Last Will and Testament better written by an Attorney?
Yes it is! SimpleLaw's Last Will and Testament are authored by Keith Martinson, an attorney who has written several hundred if not thousands of Last Wills and Testaments. However, SimpleLaw's products are not a substitute for the Advice of An Attorney. he publication and distribution of this product does not establish any legal relationship between the author and the purchaser or the publisher and the purchaser. This product is not intended to be legal advice or to serve as a substitute for consulting a licensed attorney. SimpleLaw, Inc. disclaims any legal liability in exchange for the purchase of this product and its use.
No law requires a Trust, but it is normal if there are younger heirs or other special needs. The Texas SimpleLaw Wills& Trust Q& A includes a simple Trust. Of course, you may be asking about a By-Pass Trust. For those with large assets, you should contact a Trust Attorney.
One good reason for a Trust is if you own "real" property in more than a single state.
Not likely, Probate is a part of the legal process of settling your estate. Even if you have a "Trust", your death will normally require "probate". Some "Trusts" claim that you can avoid "probate". This may be true if every last item you own is in the "Trust". Since this is almost impossible, a "probate" will normally be required. While items in a "Trust" can pass to heirs quickly, a "probate" is required to finalize the legal process and validate your Last Will and Testament (even Living Trusts normally will have a Last Will and Testament)
Good Planning, with either just a professional Last Will and Testament or a Last Will and Testament with a Living Trust will ease probate and have you wishes complied with.
What is Probate?
Probate is the legal process wherein a court validates your Last Will and Testament and allows your property to pass to your chosen heirs. It is normally an easy process if you have a self-proving Last Will and Testament. Good Planning now will pay off at probate later.
Can I change my Last Will and Testament?
You may change you Last Will and Testament at any time. In fact, you should regularly review your Last Will and Testament. If you have any "life events" such as the birth of a child or the death of one of your heirs, you should make a new Last Will and Testament. Of course, marital separation or divorce "require" that you complete a new Last Will and Testament. Just make sure that you replace the original Last Will and Testament with you latest self-proving one.
Replace your original Last Will and Testament with the latest self-proving original. Destroy the old original and any copies.
If I change my Last Will and Testament, what do I do with the old Original Last Will and Testament?
Replace your original Last Will and Testament with the latest self-proving original. Destroy the old original and any copies.
Any competent adult can serve. The duties include settling your estate and making sure it goes to probate. You may have one of your heirs or someone else. You can have the executor get a bond or not. You can also "pay" your executor. This should be someone you trust. Having a good Last Will and Testament will help your executor probate your will. You should also have an alternate in mind. You can have co-executor as well.
What if I become incapacitated?
Your will still stands. Obviously, you can no longer change your will. It will only become effective on your death. You should have a "Living Will" and a "Durable Power of Attorney of Heath Care" and a "Declaration of Guardian in Event of Later Incapacity or Need of Guardian" and a "Statutory Durable Power of Attorney".
All are included in
Texas Wills & Trusts Legal Form Book and Q&A CD-ROM Combo -- $49.95
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What is a Self-proving Last Will and Testament?
SimpleLaw's Last Will and Testaments are self-proving if completed according to the instructions. They need to be signed and notarized in front of 2 witnesses. Your bank can normally provide the Notary and the witnesses. The witnesses are normally strangers (they cannot be heirs).