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PSA: Dying intestate is a P.I.T.A.- take care of your “final arrangements”.
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<blockquote data-quote="Dannyalcatraz" data-source="post: 8926895" data-attributes="member: 19675"><p>A good concern to raise. FWIW, Wills/estate planning/probate are areas I only get involved with as a last resort. It’s not my primary area of practice. Personally, I’ve turned down more work in that arena than I’ve done.</p><p></p><p>AFAIK, while using an attorney to draft a will is <em>advised</em>- especially if you have complex legal issues to deal with- it isn’t REQUIRED in any American jurisdiction I know of. All that’s required is a testator with testamentary intent and the capacity to commit it to a permanent form. My W&E prof used to say that the most dangerous thing in that area was a client behind a closed door with a pen and notepad because holographic (“written in your own handwriting”) wills are 100% legal in Texas. The shortest will in Texas history was holographic: “Mom takes all.” (Sadly, written in the dirt by a dying young man trapped under a rolled-over tractor.)</p><p></p><p>There are pitfalls to DIY, though. While a holographic will is legal, it MUST be written entirely in your own handwriting. You can’t use a fill-in-the-blank forms you’d find in office supply stores or online, because Texas probate courts will ONLY look at the handwritten parts.</p><p></p><p>If you want to DIY, the best advice I can give is:</p><p></p><p>1) be patient and do your research before writing your actual will. </p><p></p><p>2) Brainstorm with those you trust, just to make sure you don’t forget something.</p><p></p><p>3) take notes, but make clear (on every page, if you’re using physical paper) that they’re just notes, not your actual will.</p><p></p><p>4) check with any law schools in your vicinity to see if they have any student legal clinics, and if so, do they do anything regarding wills. Most law clinics are greatly discounted or 100% pro bono (free), and the students have faculty & volunteer supervision .</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 8926895, member: 19675"] A good concern to raise. FWIW, Wills/estate planning/probate are areas I only get involved with as a last resort. It’s not my primary area of practice. Personally, I’ve turned down more work in that arena than I’ve done. AFAIK, while using an attorney to draft a will is [I]advised[/I]- especially if you have complex legal issues to deal with- it isn’t REQUIRED in any American jurisdiction I know of. All that’s required is a testator with testamentary intent and the capacity to commit it to a permanent form. My W&E prof used to say that the most dangerous thing in that area was a client behind a closed door with a pen and notepad because holographic (“written in your own handwriting”) wills are 100% legal in Texas. The shortest will in Texas history was holographic: “Mom takes all.” (Sadly, written in the dirt by a dying young man trapped under a rolled-over tractor.) There are pitfalls to DIY, though. While a holographic will is legal, it MUST be written entirely in your own handwriting. You can’t use a fill-in-the-blank forms you’d find in office supply stores or online, because Texas probate courts will ONLY look at the handwritten parts. If you want to DIY, the best advice I can give is: 1) be patient and do your research before writing your actual will. 2) Brainstorm with those you trust, just to make sure you don’t forget something. 3) take notes, but make clear (on every page, if you’re using physical paper) that they’re just notes, not your actual will. 4) check with any law schools in your vicinity to see if they have any student legal clinics, and if so, do they do anything regarding wills. Most law clinics are greatly discounted or 100% pro bono (free), and the students have faculty & volunteer supervision . [/QUOTE]
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PSA: Dying intestate is a P.I.T.A.- take care of your “final arrangements”.
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