The Reecer Law Firm

Texas Estate Planning & Probate Law

Texas Law

Can I Make a Handwritten Will?

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If you’re considering drafting your will, you might wonder whether a handwritten will, known as a holographic will, is a viable option. In Texas, the answer is yes; however, there are several reasons why you might want to think twice before relying on this method. While holographic wills are legally valid, they come with significant drawbacks that can lead to complications for your loved ones.

Texas Family Law

What is a Holographic Will?

A holographic will is a will entirely written in your handwriting. Unlike a typed or formally printed will, a holographic will does not require witnesses in Texas, making it seem like a quick and convenient solution. However, this simplicity can be deceiving and may create more problems than it solves.

Cons of a Holographic Will

  1. Ambiguity and Vagueness: Handwritten wills can often be unclear or ambiguous, leading to potential disputes among beneficiaries. Without precise legal language, the document may be open to interpretation, causing family conflicts and lengthy legal battles.
  2. Risk of Omission: Individuals may unintentionally leave out critical elements when drafting their own wills. Important details such as appointing an executor, specifying alternate beneficiaries, or addressing specific contingencies might be overlooked, which can complicate the administration of your estate.
  3. Legibility Issues: If your handwriting is difficult to read, it can create confusion and misunderstandings. Poor legibility might lead to parts of your will being misinterpreted or entirely disregarded.
  4. Challenges in Proving Authenticity: Without witnesses, proving the authenticity of a holographic will can be challenging. If someone contests the will, it may be difficult to prove that it was indeed written and signed by you, leading to potential legal hurdles and delays in executing your wishes.
  5. Lack of Comprehensive Planning: Estate planning involves more than just distributing assets. It includes tax planning, setting up trusts, and ensuring your wishes are carried out efficiently. A holographic will often lacks the depth and foresight that a professionally drafted will provides.

Why You Need an Attorney

  1. Expert Legal Advice: An attorney specializing in estate planning can provide invaluable advice tailored to your specific situation. They ensure that all legal requirements are met, and your will is comprehensive and clear.
  2. Minimizing Disputes: A professionally drafted will reduces the likelihood of disputes. Attorneys use precise language and cover all necessary details, which helps prevent misinterpretation and challenges.
  3. Comprehensive Estate Planning: Lawyers can help with more than just drafting a will. They offer advice on setting up trusts, planning for estate taxes, and other strategies to protect your assets and ensure they are distributed according to your wishes.
  4. Peace of Mind: Knowing that your will is legally sound and comprehensive provides peace of mind. You can be confident that your loved ones will not face unnecessary legal battles or complications after your passing.
  5. Regular Updates: Life circumstances change, and so should your will. An attorney can help you regularly review and update your will to reflect changes in your family structure, financial situation, or personal wishes.

While it is possible to create a handwritten will in Texas, the risks and potential complications make it a less-than-ideal choice. For a legally sound and comprehensive estate plan, consulting an attorney is crucial. The Reecer Law Firm specializes in Texas estate planning and can help ensure your final wishes are clearly documented and legally binding.

Contact The Reecer Law Firm

Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is one of a few Texas attorneys who are Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. If you are considering preparing or revising your will, contact us for more information about how we can help you. The Reecer Law Firm is located at 3105 Unicorn Lake Blvd., Denton, Texas 76210. Our office number is 940-382-3168

How Do I Contest a Will in Texas?

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Contesting a will is a legal process that involves challenging the validity of a will. In Texas, as in other jurisdictions, contesting a will is a serious matter and generally requires legal assistance. Keep in mind that the laws may change, so it’s important to consult with an attorney who is familiar with the most current statutes. Here are general steps you might follow to contest a will in Texas:

Wills in Texas
  1. Consult with an Attorney: Seek the advice of an experienced probate attorney in Texas. Contesting a will is a complex legal process, and having professional guidance is crucial. The attorney can help you understand the legal grounds for contesting a will and guide you through the process.
  2. Determine Legal Grounds: To contest a will, you typically need legal grounds, such as:
    • Lack of testamentary capacity (the testator was not of sound mind when creating the will)
    • Undue influence (someone exerted improper pressure on the testator)
    • Fraud or forgery
    • Mistake
    • Failure to meet the formal requirements of a valid will
  3. Initiate the Lawsuit: If necessary, your attorney will file a lawsuit to contest the will. This legal action typically involves presenting evidence and arguments to support your claim that the will is invalid.
  4. Discovery Process: Both parties engage in a discovery process where they gather evidence to support their case. This may involve depositions, document requests, and other means of gathering information.
  5. Mediation or Settlement: Before going to trial, parties may engage in mediation to attempt to reach a settlement. This can save time and legal expenses.
  6. Probate Court Trial: If a settlement is not reached, the case may proceed to trial in the probate court. The court will consider evidence and arguments from both sides to determine the validity of the will.
  7. Appeal (if necessary): If the probate court’s decision is unfavorable, you may have the right to appeal the decision. Consult with your attorney to determine the best course of action.

Remember, it’s crucial to consult with an attorney early in the process to ensure that you understand your rights, the legal grounds for contesting a will, and the specific procedures that apply in your situation. Legal procedures can be complex and may vary, so it’s essential to have professional guidance throughout the contesting process.

Contact the Reecer Law Firm

Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. If you have questions or concerns regarding contesting a will, please call us at (940) 382-3168 or contact us for more information about how we can help you. Our office is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

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Do I Need To Include My Personal Belongings In My Will?

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There are two types of personal property according to the Texas Estates Code: Tangible personal property which requires a transfer of title such as a car, boat, or motor home, and tangible personal property which does not require the transfer of a title such as heirloom jewelry, family pictures, pieces of artwork, or items located in another item, such as the contents of a cedar chest.

How you handle these items and whether you mention each item in your will depends on whether you want a specific person to inherit the item, or you want your personal representative to distribute the property at his or her discretion.

Handling Your Personal Belongings in Your Will

Personal belongings and wills

For your personal belongings that require a transfer of title, you may want to have a beneficiary designated on your title so that it is clear that upon your death, the title to the item, such as a vehicle, is transferred to a specific heir. If you do this, you do not need to name the item in your will.

If you have not named a beneficiary on the title, you will then want to include that item in your will and name the person you want to receive that item.

For every piece of personal property, you want to leave to a specific person, you must name that person in your will. For example, if you want to leave your grand piano to your grandchild or a piece of art to a loved one who has admired it, you must say so specifically in your will.

Handling Your Personal Belongings in a Memorandum

If you do not care who the items go to, you can be general in your will and make a statement like “the contents of my home shall be divided according to a memo I leave.” The memo can list specific items that you want to leave to specific people, e.g. “I would like my pieces of art sold and the proceeds given to X charity.”

You could also say in the memo “the contents of my home shall be distributed according to the discretion of my executor.” This allows you to purchase new personal items without having to update your will every time you do so.

The Memorandum must be signed and dated and then acts as a codicil to your will. This allows you to update the memorandum without needing to execute a new will.

Contact the Reecer Law Firm for More Information

For more information about the best way to leave your personal belongings to your heirs, contact one of our estate planning attorneys at the Reecer Law Firm.

The founder and owner of The Reecer Law Firm, Dena Reecer, is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. Contact us for more information about how our attorneys can help you.

What If Someone Dies Without a Will In Texas?

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If a person dies in any state without a will, they are said to have died intestate. Since they died without leaving written instructions about how they want their assets distributed, the assets will be distributed according to the Texas Estates Code.

The law requires the court to appoint an executor of the estate. Beneficiaries have no say in who this executor will be. Also, the law lays out clearly how the assets of someone who dies without a will are distributed. This law cannot be challenged.

Texas Property Distribution Law When Someone Dies Intestate

An overview of who inherits the assets of someone who dies intestate is:

Texas code on wills
  • All assets go to a surviving spouse if there are no children.
  • If there are surviving children but no spouse, the assets are divided among the children.
  • If there is a surviving spouse and children, and the children are the children of the surviving spouse and the decedent (the one who died), the spouse inherits all community property, one-third of the decedent’s separate property, and the lifetime use of any separately owned real estate. All other assets are divided equally among the couple’s surviving children.

This is not a comprehensive list. It continues with rules for those related to the decedent depending on the level of the relationship of survivors. There are additional distribution laws that can make distribution complicated, for example, if the decedent has a surviving spouse, but children with former spouses or from other relationships.

The list continues and depending on whether there are surviving heirs in one category, the decedent’s estate will continue down several levels until a living person is found. The order of intestate succession is spouse, children, parents, siblings, cousins, nieces, and nephews, etc.

Property that is Exempted from Laws Governing Intestate Asset Distribution

Some property is exempt from intestate distribution laws:

  • Proceeds of life insurance. These go immediately to the named beneficiary.
  • Property owned in joint tenancy. It goes to the surviving joint tenant.
  • Retirement funds. They go to the named beneficiary.
  • Property in a living trust.
  • Bank account funds when there is a payable-on-death provision for funds to be transferred to the named beneficiary.

Contact the Reecer Law Firm PLLC for Assistance

Dena Reecer is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. She is also the founder and owner of the Reecer Law Firm PLLC. If you are an heir of someone who died intestate or are the court-appointed executor of an estate or personal representative, contact the law firm for more information about how the attorneys can help you.

When Do I Have To Probate A Will?

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It is possible for someone with a large estate to die without a will. This happens when the decedent made other arrangements for the transfer of property, such as establishing trusts, naming beneficiaries on retirement accounts and insurance policies, or owning property with another person as joint tenants with rights of survivorship.

If there is a will, that will must be admitted to probate in order for the assets named in the will to be transferred to the named beneficiaries.

When Do I Have to Probate a Will in Texas?

Texas law requires that when a person dies with a will, that will must be admitted to probate within four years of the person’s death. The will usually names an executor of the estate, and the executor is the one who is charged with filing the will within the time frame established by law.

If the executor fails to file the will within four years of the decedent’s death, the assets may then be distributed according to the laws of intestacy, which govern asset distribution when there is no will.

Overview of the Probate Process

The will must be submitted with a probate application to the probate court in the county where the decedent died. A court hearing will be scheduled to take place after the probate application and will are submitted to the court. The court clerk will give notice that the will has been filed.

At the hearing, if no one has come forward to contest the will, the court will determine if the will is valid and appoint an executor, which is generally the person named in the will.

If the estate is small, there are few assets, and no one contests the will, the probate process can be completed in about six months. For larger estates, and if someone contests the will, the process can take more than a year.

Contact the Reecer Law Firm PLLC for Assistance

Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is one of a few Texas attorneys who are Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. Contact the firm for more information about having a loved one’s will submitted to probate so the assets can be distributed according to the decedent’s wishes.