Texas Rules to Wills
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.
In Texas, there are a number of pre-requisites for a person's last will to be valid and binding. The testator or the person who wishes to have a will should either be currently serving in the armed forces, married or is at least eighteen years of age.
The mental capacity of the testator or their ability to reason and make rational decisions is important during the creation of the will. This is what would qualify as a capable testator. The last will and testament should be done in the testator's own free will; otherwise, it will not be a valid document.
Witnesses are also vital in Texas Wills as well as in any other state. These wills must be attested by two witnesses who are at least fourteen years of age. They must also sign the allotted portion of the will in the presence of the testator as a sign of their credibility and attendance. And of course, the beneficiaries are the recipients of the properties or any other inheritance a testator may wish to give them. As well as an administrator or an executor who is appointed by the testator to execute their final wishes.
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.
Provisions which the three recognized forms of Texas Wills are required to pass are important as these would be the basis for the will to stand in court. Those which are typewritten or handwritten must be presented and proved in court within a span of four years from the date of death. While oral wills is only applicable if the testator has made it during his last moments of life in his home unless he had to be taken to a medical facility and passes before an opportunity to be home. In this case, a certain number of witnesses may be required to attest to the will.
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. - 23199
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.
In Texas, there are a number of pre-requisites for a person's last will to be valid and binding. The testator or the person who wishes to have a will should either be currently serving in the armed forces, married or is at least eighteen years of age.
The mental capacity of the testator or their ability to reason and make rational decisions is important during the creation of the will. This is what would qualify as a capable testator. The last will and testament should be done in the testator's own free will; otherwise, it will not be a valid document.
Witnesses are also vital in Texas Wills as well as in any other state. These wills must be attested by two witnesses who are at least fourteen years of age. They must also sign the allotted portion of the will in the presence of the testator as a sign of their credibility and attendance. And of course, the beneficiaries are the recipients of the properties or any other inheritance a testator may wish to give them. As well as an administrator or an executor who is appointed by the testator to execute their final wishes.
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.
Provisions which the three recognized forms of Texas Wills are required to pass are important as these would be the basis for the will to stand in court. Those which are typewritten or handwritten must be presented and proved in court within a span of four years from the date of death. While oral wills is only applicable if the testator has made it during his last moments of life in his home unless he had to be taken to a medical facility and passes before an opportunity to be home. In this case, a certain number of witnesses may be required to attest to the will.
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. - 23199
About the Author:
When you are starting out with learning how to probate a will in Texas, it might not be the best strategy to be creating living wills solo. A professional can help you out and save you from potential mistakes.
posted by X - Men @ 12:35 AM
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