Legal Question in Wills and Trusts in Texas
Video Wills
My father is dying. He wishes to make a video will since he is very weak and cannot leave the house and also does not wish to see anyone other than family. He is convinced that a video tape of his wishes will be sufficient in dividing the little property that he has. (he has a very small estate.) My question is if this will be legally upheld? I know there won't be any family members that will contest his wishes so will we have a problem? Will this help avoid probate? Thank you for your time.
1 Answer from Attorneys
Re: Video Wills
Have your father handwrite his wishes and sign and date it as his will. That will stand up. Texas law requires a will to be in writing. If it's all in your father's handwriting that will be admitted as a holographic will if probate becomes necessary.
If he videotapes his making and signing of his handwritten will, that should make the will easier to enter into probate.
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