Frequently Asked Questions About Wills

Is A Fill-In-The-Blank Will Valid in Texas?

John was just about to go on vacation and wanted to have a Will in place in case a tragic accident occurred. So, he did what many Americans do: he searched for a Will form online. He really didn’t have time to read up on what makes a Will valid in Texas. He had less … Read More

Can I Change My Will Before My Divorce is Final?

Couples who are happily married make different estate planning choices than couples who are separated and heading towards divorce. Happily married couples generally create Wills that protect and provide for their spouses, but in the midst of a separation, their wishes change. They want to exclude their spouses and wonder what will happen if they … Read More

Will Having a Will Help me Avoid Probate?

I received a note this week from someone who was confused. A friend’s husband had died leaving a Will that gave his wife a house he owned before they were married. She had presented a copy of the warranty deed, marriage license, and death certificate to local authorities expecting that nothing more would be required … Read More

Will Signed Before Marriage Doesn’t Make Provision for Spouse

A widow contacted me this week. Her husband of 19 years had recently passed away. She found a Will he had signed before they met leaving everything to his mother. He didn’t sign a new Will after they were married. She wondered what her inheritance rights were. Some states have pretermitted spouse statutes. The statutes … Read More

Have You Reviewed Your Will Lately?

I always schedule a document review conference with my clients before they sign their Wills. It gives my clients the opportunity to ask questions they may have about various provisions in their documents to that they have a clear understanding of all the provisions in their documents before they sign them. One of the things … Read More

What is a Testamentary Trust?

A testamentary trust is a trust created in a Will that lies dormant until the death of the testator (the person creating the Will) springs it to life. Unlike a trust created and funded during one’s lifetime, such as a revocable living trust or an irrevocable trust, no assets are transferred into a testamentary trust … Read More