“Last Will and Testaments”, or wills, are legal documents, and they have legal requirements inherent to their drafting that must be followed for them to be legally binding and valid.

Providing counsel during the preparation and drafting of the will, as well as helping you appoint an executor of your will, we ensure that your wishes are carried out in the event of your death. Though there are varying types of wills, their legal status may not be recognized by the state of Texas.

Common types of wills include:

Holographic wills 

Wills that are drafted completely by hand are often referred to as holographic wills. Though legally recognized in Texas, they are problematic and should be avoided in most cases.

Nuncupative wills 

Oral wills made during statements of “last sickness” are recognized to be valid by the state if proven by at least three credible witnesses. These witnesses cannot include those who stand to receive benefits of the oral statements made by the decedent. They must be filed within six months of the announcement and should be reduced to writing as soon as possible.

Standard written wills 

Though many individuals choose to save money by attempting to use software and online services to draft their wills, it often happens that their last wishes are not adhered to in the anticipated manner. In order to avoid the legal loopholes and pitfalls that many experience when drafting their wills in such a manner, we recommend that a lawyer is employed to at least assess the legality of your written will.

When an attorney is used to draft a will, the legal requirements are met at a level that is more congruent with the state’s specifications, ensuring it validity.

Working personally with each of our valued clients, forming a trusted relationship at even the most fundamental level, we take the time to draft your personal will to your exact wishes.

Ensuring its legal validity, we work to make sure your assets are protected and that your beneficiaries receive the gifts you bequeathed to them, all while eliminating the tension and confusion that family members often feel at this time.

Find out more about the legal drafting wills and how we can help by scheduling your personal consultation with the Law Offices of Jimmy Carter now.