Legal Question in Wills and Trusts in Texas
My elderly mother is battling lung cancer,I need to know if it is necessary for her to have a WILL if I
am her only child.Should I have some type of power of attorney? Everything she owns has my name
included, except a piece of property where she once lived.How should we handle this without having
to avoid spending money that we do not have?
4 Answers from Attorneys
Spend the money now and get a will drawn up by a lawyer. If you don't, you will spend many times more than that down the road, trying to fix things.
I would also suggest a durable power of attorney, a medical power of attorney and a living will.
If your mom loses consciousness or becomes unable to take care of her affairs, a durable power of attorney will appoint someone to do that for her.
A medical or health care power of attorney will appoint someone to make medical decisions for her if she cannot do so herself.
In Texas unless there are other instruction, the hospital must do everything they can to keep treat the patient and keep them alive. You mother may not want that to happen. A living will permits her to make that decision while she is competent.
You mom probably needs these documents in addition to a will. These sound like a lot but many lawyers will include them with a will, just ask.
Most attorneys have inexpensive packages for people in your situation. You can get a physician's directive (living will), will, power of attorney and medical power of attorney drawn up for a few hundred dollars. This way, you've done everything the correct way.
Dave
It costs nothing to have a holographic will..both for your mother and you. Obviously you must follow the law..hologaphic means handwritten, not typed, signed, dated..no notary needed..and be sure you have witnesses to prove it is your mother's handwriting...but if the real estate is outside Texas it may be a problem..but obviiously if u hire a lawyer, u should have more confidence...