Learning the Wills of Texas
For each person who wishes to leave everything in order in the event of their passing, a documented last will and testament is the proper and necessary option. There are those who have accumulated assets over the years and would like to divide it according to how they deem it fit.
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.
The author of the will or the testator must be at least eighteen years of age from the date of the creation of the will. They must be married or are serving active duty in the armed forces. This is the most important requirement for a will to be legally binding in Texas.
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.
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.
A handwritten will which must appear to be personally written by the testator, a typewritten will which has been given ample time and preparation by the testator with or without the help of their lawyer and an oral will which is only applicable for personal property are the three types of wills recognized 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.
Pets are also covered in Texas Wills; though they do not have specific rulings, it may entail the transfer of ownership of their pets to the person of their choice. Apart from these, there are also cases wherein a testator may need to create a will to ensure that there will be a legal guardian to provide care to their minor children in the event of their death as well as to appoint an individual to take care of properties.
About the Author
If you want to write your own will, you can find Texas wills & forms online that can help you down the right path.
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