Legal Question in Wills and Trusts in Texas
The legality of notarized wills
My question concerns the legality of two Wills that I created, had notarized and had three witnesses sign along with their personal information. I did not go through an attorney, and I need to know if these Wills are legal and will be taken seriously if they need to be used. We are a small family on a tight income, and I thought this was best, but I want to make sure that it will hold up in court, if need be.
Thank you
2 Answers from Attorneys
Re: The legality of notarized wills
Mr. White was being nice. It's flat-out impossible to make that determination without seeing the documents.
Re: The legality of notarized wills
It is difficult to ascertain whether a will is "legal and will be taken seriously . . . and will hold up in court" without seeing the documents. For general information I can tell you that in Texas a will that is wholly in the handwriting of the person making the will can be admitted to probate. A type written will with two witnesses can be admitted to probate, whether or not notarized. However, I also might point out that lawyers can make much more money litigating contests over home-made wills which are ambiguous, incomplete, have bad property descriptions, etc.
If you are going to write your own will, be sure to write clearly. Clearly state the names of the executor and the beneficiaries, and preferably use fractions or portions rather than trying to specifically describe property (which frequently is messed up). Do not copy phrases from other documents merely because you saw it in another document. If you try to write trust provisions or limit use of the property for a period of time or put conditions in the will, there is a greater the chances of messing it up.