Texas Rules to Wills
A last will and testament is created by an individual for them to have the security of being able to properly transfer their assets and other properties to rightful entities in the event of their passing.
As with any other place, there are governing laws on the proper creation and execution of the last will in the state of Texas. These are being mandated to ensure the legality of any claims toward the execution of Texas Wills.
In Texas, there are a number of pre-requisites for a person's last will to be valid and binding. The testator or the person who wishes to have a will should either be currently serving in the armed forces, married or is at least eighteen years of age.
The mental capacity of the testator or their ability to reason and make rational decisions is important during the creation of the will. This is what would qualify as a capable testator. The last will and testament should be done in the testator's own free will; otherwise, it will not be a valid document.
Witnesses are also vital in Texas Wills as well as in any other state. These wills must be attested by two witnesses who are at least fourteen years of age. They must also sign the allotted portion of the will in the presence of the testator as a sign of their credibility and attendance. And of course, the beneficiaries are the recipients of the properties or any other inheritance a testator may wish to give them. As well as an administrator or an executor who is appointed by the testator to execute their final wishes.
A handwritten will which must appear to be personally written by the testator, a typewritten will which has been given ample time and preparation by the testator with or without the help of their lawyer and an oral will which is only applicable for personal property are the three types of wills recognized in Texas.
As far as the three recognized forms of wills are concerned, there are various laws and provisions which make these legally binding. Both the handwritten and the typewritten wills should be presented in court to prove its validity within four years from the date of the testator's death. Otherwise, it will no longer be valid and the proceeds of whatever the testator has left will proceed with the rules of intestacy. Oral wills are not a common form of will to be left behind. This is why a particular number of witnesses may be required to testify to its claim and validity. Oral wills are also required to be made only in the deteriorating moments of the testator in their home with the exception of their passing prior to coming home as a result of taking them to a facility for care or sickness.
Texas Wills are not only meant for real estate and other assets. These are also meant to be used when a testator has minor children to be left behind and would need to appoint a legal guardian to provide care for them. Other purposes such as the transfer of ownership of pets and to appoint an individual to manage certain property are also accepted in these wills. - 23221
As with any other place, there are governing laws on the proper creation and execution of the last will in the state of Texas. These are being mandated to ensure the legality of any claims toward the execution of Texas Wills.
In Texas, there are a number of pre-requisites for a person's last will to be valid and binding. The testator or the person who wishes to have a will should either be currently serving in the armed forces, married or is at least eighteen years of age.
The mental capacity of the testator or their ability to reason and make rational decisions is important during the creation of the will. This is what would qualify as a capable testator. The last will and testament should be done in the testator's own free will; otherwise, it will not be a valid document.
Witnesses are also vital in Texas Wills as well as in any other state. These wills must be attested by two witnesses who are at least fourteen years of age. They must also sign the allotted portion of the will in the presence of the testator as a sign of their credibility and attendance. And of course, the beneficiaries are the recipients of the properties or any other inheritance a testator may wish to give them. As well as an administrator or an executor who is appointed by the testator to execute their final wishes.
A handwritten will which must appear to be personally written by the testator, a typewritten will which has been given ample time and preparation by the testator with or without the help of their lawyer and an oral will which is only applicable for personal property are the three types of wills recognized in Texas.
As far as the three recognized forms of wills are concerned, there are various laws and provisions which make these legally binding. Both the handwritten and the typewritten wills should be presented in court to prove its validity within four years from the date of the testator's death. Otherwise, it will no longer be valid and the proceeds of whatever the testator has left will proceed with the rules of intestacy. Oral wills are not a common form of will to be left behind. This is why a particular number of witnesses may be required to testify to its claim and validity. Oral wills are also required to be made only in the deteriorating moments of the testator in their home with the exception of their passing prior to coming home as a result of taking them to a facility for care or sickness.
Texas Wills are not only meant for real estate and other assets. These are also meant to be used when a testator has minor children to be left behind and would need to appoint a legal guardian to provide care for them. Other purposes such as the transfer of ownership of pets and to appoint an individual to manage certain property are also accepted in these wills. - 23221
About the Author:
When you are starting out with filling in the first Texas wills form you find, it might not be the best strategy to write your own will. A professional can help you out and save you from potential mistakes.
posted by X - Men @ 6:56 AM
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