Legal Question in Wills and Trusts in Texas

Re: out of state clients

State Government Code Section 81.101 states:

"In this chapter the "practice of law" means the preparation of a pleading or other document incident to an action or special proceeding or the management of the action or proceeding on behalf of a client before a judge in court as well as a service rendered out of court, including the giving of advice or the rendering of any service requiring the use of legal skill or knowledge, such as preparing a will, contract, or other instrument, the legal effect of which under the facts and conclusions involved must be carefully determined."

So it's definitely not legal for an out-of-state lawyer to advertise and perform legal work such as preparing wills without a Texas license. Most if not all other states have similar rules.

Aside from that it's just not prudent to draft wills for people in other states, since the laws relating to estates differs from one to another. I've had out-of-state family members ask me to draft their wills for them, and I politely decline, and recommend they have an in-state lawyer do it for them.

There are a lot of untrained people out there doing wills, contracts, and divorces who are not lawyers. Caveat emptor.