Will Preparation: What Types of Wills are Valid in Dallas, Texas?
Will preparation is a must for every Dallas resident. If you don’t have a legal will in place at the time of your death, the Texas intestacy laws will dictate how your estate is disbursed. That may not align with your wishes – and, the way your property is divided might also cause disputes among family members, which could lead to a legal battle.
Clearly, will preparation is an important matter. However, a few different types of wills are valid in the state of Texas. Some work best for certain situations, and others may not meet your needs. For that reason, consulting with an experienced Dallas estate attorney is a smart move – with their help, you can put together a comprehensive estate plan that addresses your personal wishes. But to learn about the different types of wills that are legal in Texas and how to go about will preparation, continue reading below.
Simple Wills
As the name suggests, a simple will, or basic last will and testament, is rather straightforward. Of the types of wills that Texas recognizes, this is the most common.
Essentially, a simple will outlines your assets and how you want them to be distributed upon your death. With this type of legal document, you can name an executor to manage your estate, choose a guardian for minor children and decide who receives your possessions. And, you may be able to draft the document using an online will preparation service.
However, if you have a complicated estate – involving business interests or children from a previous marriage, perhaps – a simple will may not be what you need. For a last will and testament that is truly tailored to your unique situation, professional will preparation is the only way to go.
Holographic Wills
While a holographic will may sound like something you’d see in a sci-fi movie, it’s actually a term that refers to a handwritten last will and testament.
Holographic wills are valid in the state of Texas, provided that they meet certain requirements. To create one, you must be at least 18 years of age, married or serving in the military. The entire document must be in your own handwriting, and you need to sign and date the last page. Under Texas law, you aren’t required to have attesting witnesses, and the document doesn’t need to be notarized.
The issue with this route to will preparation is ambiguity – holographic wills are often vague or difficult to read, leading to will contests. As such, creating a last will and testament with the assistance of an experienced Dallas estate attorney is advisable.
Nuncupative Wills
A nuncupative will is one where the individual spells out their end-of-life wishes verbally, speaking before witnesses, and it’s more commonly referred to as an oral will.
Most states – including Texas – don’t recognize this type of will as valid, as they can be difficult to decipher. Nuncupative wills were legal in Texas prior to September 1, 2007, but any made after that date are invalid.
Reciprocal Wills
Also called mirror wills, reciprocal wills are used by married couples or life partners who want to transfer their entire estate to the surviving individual upon one person’s death.
With this type of last will and testament, you and your spouse or partner will have separate legal documents that are like mirror images. However, each of you can still designate that certain personal property goes to someone else.
Pour-Over Wills
Many Dallas residents create revocable living trusts to have control over their assets during their lifetime and guide their distribution upon death.
Pour-over wills are commonly used in conjunction with revocable living trusts, as a trust only protects property that has been transferred over to the trust. A pour-over will is like a blanket document, accounting for all of the assets that aren’t yet in the trust.
Living Wills
Unlike the other types of wills that are legal in Texas, living wills have nothing at all to do with asset protection or property distribution.
Rather than specifying how you want your possessions handled when you die, a living will dictates what you’d like to happen in the event of incapacitation. To ensure your wishes are honored, it’s best to see a professional for living will preparation.
Does Will Preparation Require an Estate Attorney?
While you could opt to use an online will preparation service, doing so isn’t recommended. After all, you might need other legal documents -- such as a power of attorney or provision of digital assets – in addition to a last will and testament. Turn to an experienced Dallas estate attorney for professional will preparation, and you’ll have a comprehensive estate plan that meets your unique needs.
For expert will preparation assistance in the Dallas-Fort Worth metroplex area, Schultz and Kellar, PLLC, is the law firm to call. Our estate attorneys can provide you with the peace of mind in knowing that you’ve done all that you can to protect your loved ones and preserve your legacy. To learn more about the legal services we offer to residents of Dallas, Texas, or to schedule a free consultation to discuss will preparation, contact our office today.
