Legal Question in Wills and Trusts in Texas
We live in Texas. Last year I did a will for guardianship of our two sons should something happen to my husband and myself. The will was done using a software package and notorized. We need to change the guardianship to another adult. Mine was never filed, but my husbands was done thru an attorney. What do we need to do to update the wills to change guardianship?
1 Answer from Attorneys
Based on the facts above I have a few questions.. It sounds like you were saying you both did wills (you through a software program) and your husband (through an attorney). Both wills had sections providing for a guardianship for your sons. You would like to modify the sections to appoint another person. Is that correct? I may suggest in revising you appoint an individual, and one or two persons as first and second alternate should the primary choose not to or pass before the will(s) are probated. You say your "will" was never file. Your husband's will should not have been filed unless he has passed. I think not since you are wanting to update both wills, correct? Do you have a copy of it being filed?