Subscribe Feed (RSS)Having a last will and testament is the best way to ensure that in the event of a person’s passing, they would not be leaving a debate as to who are entitled to a share of the assets left behind. This way, they have the peace of mind that only those they would like to bestow inheritance upon would benefit.
To ensure validity of claims and other factors relevant to a will, there are laws and guidelines which must be met to guarantee the legitimacy of Texas Wills as mandated by the Texas government.
Texas Wills has its own set of requirements to make this document legally binding. First and foremost would be the age and status of the testator; they must be at least eighteen years of age, married or is presently serving in the armed forces.
Another requirement would be the testator’s state of mind during the creation of the will. Their capacity to rationally make decisions and practice reason with their own free will is what makes the testator credible. No claims can be made should the testator be forced to create the will.
Two credible witnesses are required to appear before and sign the testament in the presence of the testator. They must be at least fourteen years old at the time of witnessing the creation of the will. Other entities involved and required in Texas Wills are the beneficiaries of which will be entitled to the inheritance left behind by the testator; and finally an appointed administrator to execute the instructions in the will.
Oral wills or those which are only applicable to personal property, handwritten wills which are personally written by the testator and typewritten wills which may have been created at a prepared date with or without the aide of the testator’s lawyer are the three types of wills recognized and accepted in Texas.
As far as the three recognized forms of wills are concerned, there are various laws and provisions which make these legally binding. Both the handwritten and the typewritten wills should be presented in court to prove its validity within four years from the date of the testator’s death. Otherwise, it will no longer be valid and the proceeds of whatever the testator has left will proceed with the rules of intestacy. Oral wills are not a common form of will to be left behind. This is why a particular number of witnesses may be required to testify to its claim and validity. Oral wills are also required to be made only in the deteriorating moments of the testator in their home with the exception of their passing prior to coming home as a result of taking them to a facility for care or sickness.
Texas Wills are not only meant for real estate and other assets. These are also meant to be used when a testator has minor children to be left behind and would need to appoint a legal guardian to provide care for them. Other purposes such as the transfer of ownership of pets and to appoint an individual to manage certain property are also accepted in these wills.
When you are starting out with probating a will in Texas, it might not be the best strategy to write a legal will without help. A professional can help you out and save you from potential mistakes.
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