Texas Wills and Trusts Law Online » Wills

Wacky Wednesday: Wills That Make You Go “Hmmm…” – Sandra West

Rania Combs — Wed, 01 Feb 2012 14:30:52 +0000

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.

It has been said that Americans have love affairs with cars, but but one person took that love to an extreme.

Sandra Illene West was a Texas oil heiress and Beverly Hills socialite who died in 1977.

In her holographic will, she directed that her late husband’s brother, Sol West, bury her dressed in a “lacy nightgown” reclined in the front seat of her 1964 powder-blue Ferrari.

As an incentive for him to carry out her wishes, she specified that he would receive $2 million dollars if he did what she asked, but only $10,000 if he didn’t.

So she was placed in the front seat of her Ferrari at a comfortable slant, and the car was encased in a box measuring 6 by 8 by 15 feet.

The box was then hauled on a flatbed truck to the grave site in the Alamo Masonic Cemetery in San Antonio Texas, and was placed in a nine foot deep hole. To protect it from vandals, a concrete mixing truck poured cement over and around the box.

Is A Will Valid If It Is Not Dated?

Rania Combs — Mon, 23 Jan 2012 14:30:09 +0000

Someone contacted me last week inquiring whether a Will is valid in Texas if it is not dated. Apparently, the individual’s father-in-law died leaving a short typed Will. He signed the Will and two unrelated people signed as witnesses, but the Will was not dated.

Requirements of a valid Will

Section 59 of the Texas Probate Code addresses the requirements of a valid Will in Texas. For a Will to be valid, the testator must have legal capacity, testamentary capacity and testamentary intent. Additionally, certain formalities need to be followed.

Will formalities

The types of formalities vary depending on what type of Will that has been made.

An attested Will is the most common type of Last Will and Testament. To be valid, it must be in writing, signed by the testator, or another person at the testator’s direction and in his presence, and attested in his presence by at least two credible witnesses over the age of 14.

A holographic Will must be written completely in the testator’s own handwriting, and signed by him. There is no requirement that it be signed by any witnesses.

As you can see, regardless of whether the Will is attested or holographic, there is no requirement that the Will be dated.

Reasons to date your Will anyway

Even though it is not required, it is standard practice is to include a date on the same page as the testator’s signature. Having the Will dated can be important in a lot of circumstances.

For example, suppose a Testator dies leaving multiple Wills. If the Will is not dated, it might be difficult to determine which Will is most recent. Or perhaps a testator suffered from dementia late in life. If the Will is not dated, it may be difficult to establish that it was signed while the testator still had testamentary capacity.

Having the Will dated will prevent any confusion and ensure that your estate will pass according to your wishes.

Resolve to Name Guardians For Your Children

Rania Combs — Wed, 04 Jan 2012 14:30:57 +0000

The part of estate planning that most parents struggle with is naming a guardian for their children.

For some parents, the process of selecting a guardian is easy. They have close relationships with certain family members or friends who share a similar worldview. They have absolutely no hesitation about the possibility of that person stepping in to raise their children if the need arises.

But for many others, making the choice is so difficult that they don’t make a choice at all. No prospective guardian seems perfect, and they struggle with deciding which person would be best suited for the role.

If you’re a parent who has postponed making this decision, resolve to name guardians for your children this year. Below are a few reasons why you shouldn’t procrastinate any longer:

If You Don’t Choose, A Judge Will Choose For You

As a parent, you have the right to personally select the person who will raise your children if the unthinkable happens. But if you name a legal guardian for your children, then a judge will make that selection in your place. And the person the judge selects might be the last person you would have chosen.

An article I wrote last year discusses the statutory guidelines courts use for appointing a guardian and how the guidelines may sometimes be problematic. You can read “Who Will Raise My Children if I Die Without Naming Guardians?” by clicking on the link.

No One Is Perfect

If you’ve been putting off making the decision in hopes of finding the perfect guardian, chances are you’ll be procrastinating indefinitely. You are unique. There is no one in the world who can provide your children exactly what you can. Consequently, it is unlikely that you will find anyone who seems ideally suited to step into your shoes, regardless of how long you search.

Rather than seeking perfection, consider people who know your children well, who are involved in your children’s lives, who interact well with your children and who your children love and trust.

Evaluate the whether they share your values, parenting style and religious traditions. And then trust your instincts. You know your children better than anyone, so you probably have a good sense of who will be best suited for the role.

Remember that although the process of selecting a guardian is difficult, the ramifications of not doing so are significant. Any choice you make is probably better than a choice that a stranger will make.

Your Decision Is Not Set In Stone

Many parents procrastinate, worrying that they’ll make the wrong choice. Always keep in mind that you can change who you’ve named as guardian at any time as your lives change and children grow. In fact, you should reevaluate your choice annually to determine whether the person you select is still the most ideal candidate for the role. If not, it is possible to appoint someone else who you believe is better qualified.

That is one of the primary reasons I recommend naming a guardian in a separate document. In the event that you change your mind, it can easily and inexpensively be modified.

You Can Name A Guardian Free

Naming a guardian won’t cost a lot either. In fact, you can do it on your own at absolutely no cost.

I believe all parents should have the opportunity to select the person who will raise their children in the event of a tragedy, and have a free resource that will help you do that. To get it, enter your name and email in the box on the right or simply click on this link. I will send you my eBook, “Guarding Your Treasure” which includes a form that you can use in Texas to name a guardian on your own.

The decision of who will raise your children if you die is too important to be left in the hands of a stranger. So if you haven’t named a guardian for your children yet, resolve to do so right away.

Does Revoking My Will Revive a Prior Will?

Rania Combs — Mon, 28 Nov 2011 15:30:17 +0000

Over the Thanksgiving weekend, I received a question from someone who wondered whether revoking a current will would revive a will that was signed previously. Unfortunately, I seem to have accidentally deleted the email before responding directly. My apologies! I hope this article will answer the writer’s questions.

Suppose a testator signs a will, but a few years later signs a new will that contains specific language revoking all previously made wills or codicils. Suppose also, that after signing the new will, the testator has a change of heart, and tears up the new will with the intention of revoking it. In this situation, is the first will revived?

In Texas, the answer is no. Texas is a “no revival” jurisdiction, meaning that if the new will is revoked, the first will is not revived automatically. The only way to revive the first will would be to either sign the it again, with all the proper formalities, or republish the first will by codicil.

If the new will is revoked and the first will has not been signed again or republished, then the testator’s estate will pass though the intestacy statutes as though the testator didn’t have a will.

No related posts.

How Does Divorce Affect the Rights of Stepchildren Who Are Named In A Will?

Rania Combs — Mon, 07 Nov 2011 14:00:08 +0000

I have written before that making a will is not a something you do just once in your life. Your will is something that should change as your life does. Otherwise it can become an outdated document that doesn’t accomplish your goals and objectives.

One life change that will trigger a need to update your will is divorce. But what happens if you divorce and die before you’ve had a chance to change your will? Do the stepchildren you’ve named in your will get the property you previously willed to them when you were still married to their mother or father?

In Texas, the answer is no. Effective September 1, 2007, the Texas statutes provide that if, after making a will, the testator’s marriage is dissolved, either by divorce, annulment or a declaration that the marriage is void, all the provisions in the will, including all fiduciary appointments, shall be read as if the former spouse, and each relative of the former spouse who is not also a relative of the testator failed to survive the testator, unless the will expressly provides otherwise.

So if you previously signed a will that gave all left your former spouse’s children part of your estate, but then divorced, those you named as contingent beneficiaries would take under the will instead.

Despite this rule, it is important that you update your will after your divorce to reflect your current wishes. That way you can be certain that there is no confusion about how your assets should be distributed when you die.