Community Chat

[Sapphiregal]

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@beckyb1012 wrote:

As a paralegal here in Texas we have always done separate wills for spouses.  Regardless to how small or how large their Estates are and regardless of how many times they were previously married.

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@beckyb1012 

I have a question that I wonder if you would answer for me. I live in Texas, as well. I have heard that Texas is a common law state where monies and properties automatically go to the spouse when one of them dies. I have property and funds I inherited from my parents. If I have a will stating that it is to all go to my son upon my death, does that hold up in court?

[Pearlee]

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@Sapphiregal wrote:

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@beckyb1012 wrote:

As a paralegal here in Texas we have always done separate wills for spouses.  Regardless to how small or how large their Estates are and regardless of how many times they were previously married.

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@beckyb1012 

I have a question that I wonder if you would answer for me. I live in Texas, as well. I have heard that Texas is a common law state where monies and properties automatically go to the spouse when one of them dies. I have property and funds I inherited from my parents. If I have a will stating that it is to all go to my son upon my death, does that hold up in court?

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@Sapphiregal  You need to get advice from a reputable probate lawyer in the state where you reside, not on an internet chat board.

@Lipstickdiva. State probate laws vary widely. BTW if you are not a licensed attorney, which I think you have posted in the past, I think you should so state, because your post makes it sound like you are. I think you have mentioned you are a paralegal?

[ROMARY]

Dratts, I didn't write down the name of the company.  They've been advertising online wills which are specific to each state, etc.

updated:  It's called Trust and Will dot com

I'm not recommending online wills, just thought I'd throw it into the mix.

Maybe NOT for folks who have, say, not a lot of investments, properties, and other complicated assets.  

[ROMARY]

I updated my previous post.

Not suggesting, just a will company available online that I ran across on TV.

Advertised 'Trust and Will' dot com.

Might be an alternative for simple wills.  I really don't know.

Also, I believe almost all attorneys offer a free 30 minute appointment to discuss possible wills and trusts that are available.

So, it's probably a good idea to go around, visit various attorneys and choose one that you like.

Or, do an online one, maybe read customer reviews, etc.

[77yangya]

I think any time you want a change in a will, you add what's called a "codicil".

I used to work in the surrogate in my county.  I saw ALL kinds of things and I think each county has their own rules.  I saw holographic wills, anyone without a will, an Administration is then enacted and you need an "Administrator" just like an "executor".

I saw TONS of cases sent to superior court because the executor was being accused of not carrying out the wishes stated in the will.  The judge vacates the order and enacts another. 

I mean ALL KINDS of stuff I saw.  You can do whatever you like and leave anything you like to whomever YOU want.  No one can "contest" that.  AND  in my county, the executor MUST prove to the surrogate judge that they are carrying out what is needed AND they get 10% off the top.

[Hetshepshut]

You neeed to speak to a probate lawyer. I don't think it's a good idea to get legal advice from QVC's community forum.

[Lipstickdiva]

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@Pearlee wrote:

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@Sapphiregal wrote:

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@beckyb1012 wrote:

As a paralegal here in Texas we have always done separate wills for spouses.  Regardless to how small or how large their Estates are and regardless of how many times they were previously married.

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@beckyb1012 

I have a question that I wonder if you would answer for me. I live in Texas, as well. I have heard that Texas is a common law state where monies and properties automatically go to the spouse when one of them dies. I have property and funds I inherited from my parents. If I have a will stating that it is to all go to my son upon my death, does that hold up in court?

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@Sapphiregal  You need to get advice from a reputable probate lawyer in the state where you reside, not on an internet chat board.

@Lipstickdiva. State probate laws vary widely. BTW if you are not a licensed attorney, which I think you have posted in the past, I think you should so state, because your post makes it sound like you are. I think you have mentioned you are a paralegal?

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@Pearlee , you do not need to inform me that probate laws vary by state.  I am well aware of that and have stated so a number of times.  I would think common sense would tell people that laws vary by state.

And yes I am a paralegal and have mentioned that what seems to be 100 times but I should have mentioned it in my post.    

[Sapphiregal]

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@Pearlee wrote:

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@Sapphiregal wrote:

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@beckyb1012 wrote:

As a paralegal here in Texas we have always done separate wills for spouses.  Regardless to how small or how large their Estates are and regardless of how many times they were previously married.

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@beckyb1012 

I have a question that I wonder if you would answer for me. I live in Texas, as well. I have heard that Texas is a common law state where monies and properties automatically go to the spouse when one of them dies. I have property and funds I inherited from my parents. If I have a will stating that it is to all go to my son upon my death, does that hold up in court?

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@Sapphiregal  You need to get advice from a reputable probate lawyer in the state where you reside, not on an internet chat board.

@Lipstickdiva. State probate laws vary widely. BTW if you are not a licensed attorney, which I think you have posted in the past, I think you should so state, because your post makes it sound like you are. I think you have mentioned you are a paralegal?

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@Pearlee 

Well, I do have some sense, so,yes, I would ask a probate lawyer in my state. I just thought it couldn't hurt to throw the question out there.