Legal Question in Wills and Trusts in Texas

Made a will

I made my own will using the internet as guideline. The only 'real' thing I put in my will is my children receive 50% of my interest in community property and they are beneficiaries of my life insurance policies which is documented with the insurance company. I had it witnessed twice and notarized and now in safety deposit box. Is it legal or can it be challenged? A duplicate is with a relative with original everything just like the original. Thanks


Asked on 4/24/08, 1:30 pm

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Made a will

Even a perfectly legal will could be challenged. Most do-it-yourself wills don't have the proper Texas form and/or self-proving affidavit. Even if there is no challenge, it will probably be more expensive to probate and administer the estate since if the proper forn was not used. If it is thrown out altogether, then the estate would be probated as though you died without a will.

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Answered on 4/24/08, 1:38 pm
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Made a will

Who gets the other 50% of your community property? Sounds like you have problems. Having a simple will done by a competent attorney is not that expensive. It's money well spent.

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Answered on 4/24/08, 5:16 pm


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