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Saturday, October 17, 2009

Texas Rules to Wills

By Pearl Jordan

For each person who wishes to leave everything in order in the event of their passing, a documented last will and testament is the proper and necessary option. There are those who have accumulated assets over the years and would like to divide it according to how they deem it fit.

To ensure validity of claims and other factors relevant to a will, there are laws and guidelines which must be met to guarantee the legitimacy of Texas Wills as mandated by the Texas government.

Texas Wills has its own set of requirements to make this document legally binding. First and foremost would be the age and status of the testator; they must be at least eighteen years of age, married or is presently serving in the armed forces.

The capacity of the testator is also another requirement in which, the testator must be voluntarily creating the will. They must be of sound mind and is capable of rational thoughts and decision making. This ability is important as the will would not be legally binding should the testator be coerced in to creating it.

Two credible witnesses are required to appear before and sign the testament in the presence of the testator. They must be at least fourteen years old at the time of witnessing the creation of the will. Other entities involved and required in Texas Wills are the beneficiaries of which will be entitled to the inheritance left behind by the testator; and finally an appointed administrator to execute the instructions in the will.

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.

Apart from properties, there are other purposes for Texas Wills; some would be meant for endorsing minor children to a new legal guardian or perhaps to appoint an individual to manage property and in some cases, the transfer of ownership for pets. - 23212

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