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Saturday, November 14, 2009

Learning the Wills of Texas

By Pearl Jordan

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.

In the state of Texas, there are governing laws as to the creation and execution of these wills. They follow strict bylaws and probates to be able to make sure that everything is done legally and will be executed the same way.

The author of the will or the testator must be at least eighteen years of age from the date of the creation of the will. They must be married or are serving active duty in the armed forces. This is the most important requirement for a will to be legally binding in Texas.

Another requirement would be the testator's state of mind during the creation of the will. Their capacity to rationally make decisions and practice reason with their own free will is what makes the testator credible. No claims can be made should the testator be forced to create the will.

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.

In regard to the three accepted wills, there are corresponding requirements and provisions to be met for these to become legally binding. The handwritten and typewritten wills must be presented to the court within a four year timeframe from the date of the testator's demise for it to be proven valid. Oral wills on the other hand are only binding when it has been made by the testator in his death bed ? unless the testator had to be transferred to a facility as a result of sickness and have died before being able to go home. For this kind of will, it is most likely that a specific number of witnesses be required to give validity to the claim.

Pets are also covered in Texas Wills; though they do not have specific rulings, it may entail the transfer of ownership of their pets to the person of their choice. Apart from these, there are also cases wherein a testator may need to create a will to ensure that there will be a legal guardian to provide care to their minor children in the event of their death as well as to appoint an individual to take care of properties. - 23311

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