Texas Wills and Trusts Law Online

Wacky Wednesday: Wills That Make You Go “Hmmm…” – Sandra West

Rania Combs — Wed, 01 Feb 2012 14:30:52 +0000

NB: This post is part of a series highlighting wills that contain some interesting, and sometimes bizarre, bequests and stipulations. You can see all these posts here.

It has been said that Americans have love affairs with cars, but but one person took that love to an extreme.

Sandra Illene West was a Texas oil heiress and Beverly Hills socialite who died in 1977.

In her holographic will, she directed that her late husband’s brother, Sol West, bury her dressed in a “lacy nightgown” reclined in the front seat of her 1964 powder-blue Ferrari.

As an incentive for him to carry out her wishes, she specified that he would receive $2 million dollars if he did what she asked, but only $10,000 if he didn’t.

So she was placed in the front seat of her Ferrari at a comfortable slant, and the car was encased in a box measuring 6 by 8 by 15 feet.

The box was then hauled on a flatbed truck to the grave site in the Alamo Masonic Cemetery in San Antonio Texas, and was placed in a nine foot deep hole. To protect it from vandals, a concrete mixing truck poured cement over and around the box.

Is A Will Valid If It Is Not Dated?

Rania Combs — Mon, 23 Jan 2012 14:30:09 +0000

Someone contacted me last week inquiring whether a Will is valid in Texas if it is not dated. Apparently, the individual’s father-in-law died leaving a short typed Will. He signed the Will and two unrelated people signed as witnesses, but the Will was not dated.

Requirements of a valid Will

Section 59 of the Texas Probate Code addresses the requirements of a valid Will in Texas. For a Will to be valid, the testator must have legal capacity, testamentary capacity and testamentary intent. Additionally, certain formalities need to be followed.

Will formalities

The types of formalities vary depending on what type of Will that has been made.

An attested Will is the most common type of Last Will and Testament. To be valid, it must be in writing, signed by the testator, or another person at the testator’s direction and in his presence, and attested in his presence by at least two credible witnesses over the age of 14.

A holographic Will must be written completely in the testator’s own handwriting, and signed by him. There is no requirement that it be signed by any witnesses.

As you can see, regardless of whether the Will is attested or holographic, there is no requirement that the Will be dated.

Reasons to date your Will anyway

Even though it is not required, it is standard practice is to include a date on the same page as the testator’s signature. Having the Will dated can be important in a lot of circumstances.

For example, suppose a Testator dies leaving multiple Wills. If the Will is not dated, it might be difficult to determine which Will is most recent. Or perhaps a testator suffered from dementia late in life. If the Will is not dated, it may be difficult to establish that it was signed while the testator still had testamentary capacity.

Having the Will dated will prevent any confusion and ensure that your estate will pass according to your wishes.

Celebrating Two Years!

Rania Combs — Mon, 16 Jan 2012 14:30:01 +0000

January 4 of this year marked my firm’s second anniversary! It has been an exciting two years! I’ve learned so much, both personally and professionally. In some ways, it seems like I’ve been in solo practice for much longer, but in other ways, I feel like I’m just getting started.

When I started my firm, very few attorneys had web-based law practices. So it is especially rewarding to see the virtual law practice model becoming more mainstream as attorneys harness technology to make legal services more affordable and accessible to their clients.

In an article in Forbes last week, Susan Cartier Liebel discussed another benefit of utilizing technology to deliver legal services online – it has allowed women lawyers to balance family commitments with building a solo practice. I was so flattered to have been mentioned in this article.

You can read “Women Lawyers Without Borders Rock Legal Practice” by clicking on the link.

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The Uninteded Consequences of Not Having A Will: Deadbeat Dad Claims Part of Deceased Son’s Estate

Rania Combs — Mon, 09 Jan 2012 14:32:57 +0000

While I was in Houston over the Holidays, I read an article in the Houston Chronicle that illustrates the unintended consequences of not having a will.

It was about a man named Timothy Cole, whose father had not been a part of his life since he was seven years old. Timothy Cole died in the Texas Prison System. He had been convicted of a rape he didn’t commit. Despite the fact that the actual rapist confessed 1995, and the victim admitted that she mistakenly identified him, he remained in prison until 1999, when he died at the age of 39 of an asthma attack.

Convinced of his innocence, Timothy Cole’s mother and siblings, through the Innocence Project of Texas worked tirelessly to clear his name. On February 6, 2009, he was posthumously cleared of any wrongdoing and his record was expunged.

As compensation for his wrongful imprisonment, his estate was awarded over $1 million. That’s when Timothy Cole’s deadbeat dad reappeared. You see, it appears that Timothy Cole did not have a will, which means that his estate will pass according to the Texas intestacy statutes.

According to these intestacy rules, if a single person dies without a will in Texas, his estate will pass equally to his parents if both are living, as in this case. So Timothy Cole’s dad, despite having not been a part of his son’s life for 32 years, stands to inherit more than half a million dollars from his estate. I doubt Timothy Cole would have wanted that.

You can read “Poster Child of a Deadbeat Dad” by following the link.

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Resolve to Name Guardians For Your Children

Rania Combs — Wed, 04 Jan 2012 14:30:57 +0000

The part of estate planning that most parents struggle with is naming a guardian for their children.

For some parents, the process of selecting a guardian is easy. They have close relationships with certain family members or friends who share a similar worldview. They have absolutely no hesitation about the possibility of that person stepping in to raise their children if the need arises.

But for many others, making the choice is so difficult that they don’t make a choice at all. No prospective guardian seems perfect, and they struggle with deciding which person would be best suited for the role.

If you’re a parent who has postponed making this decision, resolve to name guardians for your children this year. Below are a few reasons why you shouldn’t procrastinate any longer:

If You Don’t Choose, A Judge Will Choose For You

As a parent, you have the right to personally select the person who will raise your children if the unthinkable happens. But if you name a legal guardian for your children, then a judge will make that selection in your place. And the person the judge selects might be the last person you would have chosen.

An article I wrote last year discusses the statutory guidelines courts use for appointing a guardian and how the guidelines may sometimes be problematic. You can read “Who Will Raise My Children if I Die Without Naming Guardians?” by clicking on the link.

No One Is Perfect

If you’ve been putting off making the decision in hopes of finding the perfect guardian, chances are you’ll be procrastinating indefinitely. You are unique. There is no one in the world who can provide your children exactly what you can. Consequently, it is unlikely that you will find anyone who seems ideally suited to step into your shoes, regardless of how long you search.

Rather than seeking perfection, consider people who know your children well, who are involved in your children’s lives, who interact well with your children and who your children love and trust.

Evaluate the whether they share your values, parenting style and religious traditions. And then trust your instincts. You know your children better than anyone, so you probably have a good sense of who will be best suited for the role.

Remember that although the process of selecting a guardian is difficult, the ramifications of not doing so are significant. Any choice you make is probably better than a choice that a stranger will make.

Your Decision Is Not Set In Stone

Many parents procrastinate, worrying that they’ll make the wrong choice. Always keep in mind that you can change who you’ve named as guardian at any time as your lives change and children grow. In fact, you should reevaluate your choice annually to determine whether the person you select is still the most ideal candidate for the role. If not, it is possible to appoint someone else who you believe is better qualified.

That is one of the primary reasons I recommend naming a guardian in a separate document. In the event that you change your mind, it can easily and inexpensively be modified.

You Can Name A Guardian Free

Naming a guardian won’t cost a lot either. In fact, you can do it on your own at absolutely no cost.

I believe all parents should have the opportunity to select the person who will raise their children in the event of a tragedy, and have a free resource that will help you do that. To get it, enter your name and email in the box on the right or simply click on this link. I will send you my eBook, “Guarding Your Treasure” which includes a form that you can use in Texas to name a guardian on your own.

The decision of who will raise your children if you die is too important to be left in the hands of a stranger. So if you haven’t named a guardian for your children yet, resolve to do so right away.