Estate Planning & Probate Specialists

Estate Planning & Probate Specialists

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A valid will in one state might be invalid in another

When creating a will, many people do not realize what might be valid in one state might not be valid in another. Understanding the different types of wills one can create gives individuals different options for distributing their wealth and assets while also ensuring one’s will is enforceable wherever they live.

One must be at least 18-years-old to execute a valid will and be of sound mind. Additionally, there must be two credible witnesses to attest the will and three if it is an oral will. Texas allows nuncupative wills, also known as oral wills, if it was created during a person’s last sickness at their residence or where he or she has resided for the last 10 days or more before the date of last sickness, if the person is away from their home. This type of a will is spoken out loud. It is important to know that not all states recognize this type of a will.

Texas also allows for holographic wills. This is the last will and testament written in the testator’s own handwriting. When it is wholly in the handwriting of the testator, the will needs no attestation and could be self-proven if the testator attaches an affidavit to the will. Again, not all states recognize holographic wills, so if one moves to such a state after creating one, it is important to update one’s estate planning documents.

A valid will can avoid legal disputes and challenges during probate litigation. To ensure one’s wishes are outlined accurately and that the document is enforceable in court, it might be beneficial to consult an experienced attorney for guidance.