Houston Texas Last Will and Testament for Married Person with Adult Children from Prior Marriage

State:
Texas
City:
Houston
Control #:
TX-WIL-0003
Format:
Word; 
Rich Text
Instant download

Description

The Will you have found is for a married person with adult children from a prior marriage. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions. It also provides for provisions for the adult children.


This Will must be signed in the presence of two witnesses, not related to you or named in your Will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the Will.

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  • Preview Last Will and Testament for Married Person with Adult Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult Children from Prior Marriage

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FAQ

Every state has statutory requirements dictating what makes a Will valid. Texas is no different. For a Will to be valid in Texas, the person making the Will (the testator) must have legal capacity, testamentary capacity, and testamentary intent. Additionally, the testator must follow specific formalities.

In California, a community property state, the surviving spouse is entitled to at least one-half of any property or wealth accumulated during the marriage (i.e. community property), absent a pre-nuptial or post-nuptial agreement that states otherwise.

Under Hindu law, a wife gets an equal share of the assets of the deceased husband divided between other Class I heirs, the children and mother. This applies only if the man dies intestate. If there are no children and other claimants, the wife is entitled to the total property.

Texas law recognizes a handwritten will as legally valid. Handwritten wills are known as ?holographic wills.? However, holographic wills increase the odds of a will contest or probate litigation, especially if the handwritten will leaves all or most assets to a single beneficiary at the expense of others.

Generally speaking, each spouse has a right to half of the community property and so, this is automatically distributed to a widow after their spouse's death. Therefore, the deceased individual only has the right to control their half of the community property estate.

No ? in Texas, you don't need to notarize your will to make it valid. However, a notary is required if you want to make your will self-proving. When a will is self-proving, the court can accept your will without needing to contact your witnesses to prove its validity. This can speed up the probate process.

Generally speaking, for a married couple who have children, we would recommend they create mirror Wills with a testamentary trust, as well as ensuring that any property is owned as Tenants in Common with relevant Trust or Trusts in place.

The surviving spouse automatically receives all community property. Separate personal property also goes completely to the surviving spouse, while separate real property is split down the middle between the surviving spouse and the deceased's parents, siblings or siblings' descendants, in that order.

Every state has its own rules, so a will can be valid in one place but not another. Handwritten wills in Texas are not only valid but just as effective as a typed will.

Intestate Succession in Texas Generally, when someone dies without a will, their estate will go to their closest living relatives. The only assets affected by intestate succession laws are the ones that would pass through a will.

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Houston Texas Last Will and Testament for Married Person with Adult Children from Prior Marriage