Wills

Is Gift to Stepchildren Void if
Testator is Divorced After Signing a Will?

May 1, 2015

I received a note yesterday from someone whose mother had recently passed away. His mother’s Will, which was made before she divorced, identified her stepchildren as beneficiaries. The note’s author asked: “Do the stepchildren have any claim to my mother’s estate?” The Texas Estate Code specifically addresses this issue. Section 123.001(b) provides that if a […]

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Can I Rewrite a Deceased Person’s Will?

April 10, 2015

I received a message from someone this week whose husband had passed away seven years earlier leaving a Will that gave all his worldly possessions her. However, she never had the Will probated. I’m not sure what circumstances caused her to ask this question, but she wondered whether it was possible for her to now […]

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Wacky Wednesday: Wills That Make You Go “Hmmm…”- Harry Houdini

April 1, 2015

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. Have you ever gotten a psychic reading? According to a 2005 Gallup Poll,26 percent of the people polled believed in clairvoyance, and 31 percent believed in telepathy or […]

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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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