Legal Question in Wills and Trusts in Texas

legal will?

My mother in law made her own will on the internet. My husband is her only surviving child. She left everything to him. The attorneys tell us her will is not legal because we have only a copy of the signature page. We are unable to locate the original page. Does this really make the will invalid? Will we now have to go to court and try to find his brothers children to split the estate of approx 50K. We have not heard from them since their fathers death in 1994.


Asked on 7/02/07, 8:24 pm

4 Answers from Attorneys
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: legal will?

The attorneys are right, she does not have a will according to your facts. You proceed as if she died intestate.

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Answered on 7/02/07, 10:26 pm
ERIK GREINER The Greiner Law Firm

Re: legal will?

This is a great example of why you should avoid do-it-yourself wills. Always get an attorney.

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Answered on 7/02/07, 11:46 pm
Arthur Geffen Arthur H. Geffen, P.C.

Re: legal will?

While the other answers are certainly correct, there are procedures to probate copies of wills. Substantially more complicated than if the original were present, but nonetheless possible.

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Answered on 7/03/07, 11:13 am
Peter Bradie Bradie, Bradie & Bradie

Re: legal will?

A legal will in Texas requires the signature of the maker, plus two witnesses. Only the original is acceptable, unless you can overcome the presumption that the maker destroyed the original.

But think of the money she saved by doing it herself on the internet, instead of going to a lawyer.

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Answered on 7/03/07, 12:12 pm


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