Legal Question in Wills and Trusts in Texas
written letter
What if we found a letter that said that my father wanted to leave everything to his wife but it was not notrize or nothing? It just said that is what he wanted and he signed it. Should she get everything? What if there are kids out of there marriage? Does this letter be considered as his will?
2 Answers from Attorneys
Re: written letter
A handwritten will is legal in Texas. You can present it for probate like any other will. Without looking at it, I can't tell if it's totally sufficient. If this is for valuable property, you should consult with a local attorney.
Re: written letter
The letter could be considered a holographic will if it all in his handwriting. Meet with an attorney that practices probate law to see if it meets the statutory requirements.
In any event, if there's real property involved, the estate has to be entered in probate, and the judge will determine whether he died with a will, or died intestate.