Legal Question in Wills and Trusts in Texas
will prepared by a beneficiary
In Texas if a beneficiary prepares a proper will for an ailing parent (using Legal Zoom) is this going to be overturned by a probate court because one of the beneficiaries prepared it? Does it also subject that beneficiary to limitations on her inheritance in the will?
2 Answers from Attorneys
Re: will prepared by a beneficiary
It will not be overturned based on the fact that a beneficiary prepared the document. However, I would advise setting up a consultation with an estate planning attorney to AT MINIMUM review the document prepared and most likely prepare new documents for the parent. Consultations are usually free of charge and if cost is issue, well, it's better to pay now rather than later if or when the document does not function as desired. Good luck and if you have any other questions, feel free to ask.
Re: will prepared by a beneficiary
Not necessarily, however, it may be legally deficient and may not meet the requirements for a valid will in Texas. If it is valid, limitations or adjustments may be made if lack of capacity is challenged and proven.
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