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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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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Who Can Witness My Will in Texas?

May 28, 2014

Witnesses have a very important role in Will executions. It’s their job to verify that the Testator executed his will and had testamentary capacity and intent to do so. In order for a non-holographic Will to be valid, Texas requires that it be signed by two or more witnesses. The statute requires that the witnesses […]

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What Types of Wills are Recognized In Texas?

May 7, 2014

Texas recognizes two types of written Wills. An attested Will is the most common type of Last Will and Testament. To be valid, it must be in writing, signed by you, or another person at your direction and in your presence, and attested in your presence by at least two credible witnesses over the age of 14. […]

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