Legal Question in Wills and Trusts in Texas

Disclaimer of inhertance and Notorazation?

Hello, I live in Texas:

In 1989, during a Business seel/buy-out I signed a Disclaimer to not recieve 1/3 of my mom's stock in the company upon her death, or by her gifting it to me before then. My mom passed in May 2003. I started reading the Sellout papers here recently, it has NOT been notorized, it is just signed by my brothers, my wife, and myself. Does it have to be Notorized to be binding? Is there any thing that can be done at this point. In my mom's orginal Last will, I was recieving stock, in the one probated I was not to receive any stock. She has always told me that the only reason she was not leaving me part of her stock, was because of the Disclaimer. I have Asperger's, Which is a form of Autsim. Could that get the Statute of Limitations tolled, if applicaple? My main question is about the binding of the disclaimer, considering it not being notorized.

Thanks,

M.


Asked on 8/07/06, 3:48 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Disclaimer of inhertance and Notorazation?

The disclaimer you signed is not required to be notarized unless there is specific language in the document requiring notarization. From your question, you sound pretty sharp. For the disclaimer to be found void with respect to your illness, you would need to be adjudicated "incompetent." If there is a chance that you may not have been competent at the time you signed, you should contact an attorney for further advice.

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Answered on 8/07/06, 4:59 pm


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