If you have a properly funded revocable trust, you may not need a will. At the time of your death, your property will be managed and distributed according the terms of the trust you established.

But what about that piece of property that you recently acquired, forgot about, or neglected to retitle in the name of the trust. Without a will, any assets that are intentionally or inadvertently left out of a trust will pass through the intestacy statues rather than according to the terms of your trust.

To avoid the possibility of this happening, a pour-over will is used. A pour-over Will is a safety net that ensures any assets that are intentionally or inadvertently left out of the trust are diverted to the trust at your death and managed and distributed according to your wishes.

If any assets are left out of the trust, the pour-over Will can be probated, but the assets will eventually be distributed according to the terms of the trust rather than according to state law.

Related posts:

1. When Should I Use a Revocable Trust?

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.

Related posts:

1. Wacky Wednesday: Wills That Make You Go “Hmmm…”
2. Wacky Wednesday: Wills That Make
   You Go “Hmmm…” – TM Zink
3. Wacky Wednesday: Wills That Make You Go “Hmmm…” – Ed Headrick
4. Wacky Wednesday: Wills That Make You Go “Hmmm…” – Samuel Bratt
5. Wacky Wednesday: Wills That Make You Go “Hmmm…” – Jeremy Betham

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.

1. 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.
2. 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.

Related posts:

1. Does Marriage Revoke a Valid Preexisting Will?
2. What are the Requirements of a Valid Will in Texas?

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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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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