Legal Question in Wills and Trusts in Texas

Can I write my own Last Will and Testament and does it have to be notarized for the 3 witnesses and my signature?


Asked on 10/11/11, 9:57 am

3 Answers from Attorneys

Brian Thomas Burdette & Rice PLLC

You can write your own Will if you like, but it's not a very wise decision. Additionally, Wills themselves are not notarized. A notary public assists in the execution of the self-proving affidavit that often accompanies a Will. This affidavit is basically proof of due execution of the document that is obtained before the document is ever offered for probate. Finally, Wills in Texas that are not entirely in the handwriting of the person making one need be witnessed by only two individuals -- not three.

To be frank, your unfamiliarity with this process should drive you to locate and hire an estate planning attorney to help you. Doing things wrong can be worse than doing nothing at all.

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Answered on 10/11/11, 10:05 am

Having a will drafted by a lawyer is not expensive. Trying to probate a will that was not drafted by a lawyer can be very, very expensive. Though they seem simple, they are full of "gotchas" and you won't be around to explain "what you really meant" by a provision.

Dave

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Answered on 10/11/11, 10:18 am
Donald McLeaish McLeaish&Associates;, P.C.

Of course and then your heirs can pay substantial legal fees to prove it is your letter

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Answered on 10/11/11, 10:56 am


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