Legal Question in Wills and Trusts in Texas

holistic will

What needs to be put in a handwritten will to make it legal in Texas. Will it hold up in court. Do they have to be filed with the court.


Asked on 2/19/07, 4:34 pm

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: holistic will

It has to be wholly in the testator's handwriting, signed and dated.

They usually hold up in court, but you need witnesses that can identify the testator's handwriting.

They have to be filed for probating the decedent's estate. They don't have to be filed to 'make it legal'.

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Answered on 2/19/07, 4:56 pm
Lewis Palomino Law Office of Lewis Palomino

Re: holistic will

"Holographic" wills should be entirely in the testator's handwriting (no typing). Most wills are not filed with any agency although many county clerks offices will safeguard a will for a very nominal fee. At the time of probate, someone will have to testify as to personal knowledge of the testator's handwriting. To avoid the many pitfalls that may be encountered at probate, one should consult an attorney and have a proper will drawn up. At least sit down with an attorney with will and probate experience to discuss your situation.

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Answered on 2/19/07, 6:19 pm


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