Is A Will Signed By One Witness Valid If It Is Also Signed by a Notary?

February 11, 2015

I have written before about the requirements of a valid will in Texas. To be valid, a Will must be signed by the testator, or another person at the testator’s direction and in his presence, and attested in the presence of the testator by at least two credible witnesses. I received a note this week from a […]

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Can a Convicted Felon be an Executor in Texas?

January 21, 2015

I received a email recently from someone asking whether a convicted felon can serve as an executor in Texas. The individual who contacted me had two daughters and one son, but didn’t trust his daughters to be fair and honest. Unfortunately, his son had been convicted of a felony. Section 304.003 of the Texas Estates […]

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Do I Have to be an Adult to Make a Will in Texas?

January 14, 2015

The Texas Estates Code provides that in order for a Will to be valid, the person making the Will must not only be of sound mind, but also have attained the age of eighteen years; be or have been married; or be a member of the armed forces of the United States, an auxiliary of […]

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What is a Residuary Clause?

November 10, 2014

I recently worked with a couple that wanted to make sure that all their wordly possessions passed to the surviving spouse upon their death, and then to their children when both of them died. Rather than listing out every specific asset they owned, I used a residuary clause to accomplish their goals. They became alarmed […]

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Wacky Will Wednesday: Wills That Make You Go “Hmmm…” — Rona Scroratow

July 30, 2014

NB: This post is part of a series highlighting wills that contain some interesting, and sometimes bizarre, bequests and stipulations. You can see all these posts here. The great thing about having a Will is that it gives you the power to decide how your property will be distributed when you die. For example, if you […]

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Can I Make Handwritten Modifications To My Typewritten Will?

June 16, 2014

Your typewritten Will likely reflected all your wishes when it was written, but things may have changed. It may be that you’d like to replace the executor you originally selected with another trusted family member. Or perhaps, you’ve decided that you’d like Grandma’s china to pass to your niece, rather than your nephew, and your […]

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