Estate Planning Basics Attorney in Shenandoah, Texas

What is required for a valid execution of my will?

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Usually, a valid execution of a will requires two witnesses and a notary to sign at the same time as the testator or the person whose will it is. In this area, we actually tried a trial, won the case, and won on appeal—the case that determines how those Witnesses, the testator, and the notary must interact at the signing. Once you leave this area, we don’t have that level of protection, and there’s some uncertainty in Texas. But in this area, thanks to the case we tried, we know.

The Woodlands, TX estates & probate attorney Steven C. Earl discusses what is required for a valid execution of my will. Typically, a valid execution of a will mandates the presence of two witnesses and a notary, all signing concurrently with the testator or the individual whose will it is. In their jurisdiction, they were involved in a trial, securing a victory, and successfully appealing a case that established the protocols for interaction among these witnesses, the testator, and the notary during the signing process. Beyond their jurisdiction, the same level of protection may not apply, and there exists some ambiguity in Texas law. However, in their specific area, they have clarity thanks to the case they were involved in.

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