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In order to make a valid handwritten will in Texas, the entire document must be in your own handwriting. No one can write any part of it except for you, and no part of it can be typed. You can write in cursive or print, but the entire will must be in your handwriting only.
Types Of Property You Cant Include In A Will Any property that is held in joint tenancy (owned equally by two parties), such as a house that you own equally with your spouse, since the property will automatically transfer to the surviving owner.
Two types of wills are recognized in Texas: formal and holographic. A formal will requires that at least two people over the age of 14 witness the signing of the document. An attorney should draft your formal will.
A pour over will functions after an individual has already created a trust and funded the trustmeaning, they have placed certain assets in the trust to be given to beneficiaries after their death in order to avoid the probate court process.
With a pour-over will, any assets not included in your trust are automatically transferred to your trust after you pass away. Think of it as a kind of safety net, capturing any property you didnt transfer to your trust while you were alive.
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Cash is considered part of your taxable estate and will be subject to federal and, if applicable, state inheritance taxes and probate. Some bank accounts have a transfer on death (TOD) designation, which allows you to name a beneficiary and avoid probate.
Drafting a Pour-Over Will in Texas A pour-over will is a safety net. It is a legal document that transfers (or pours) assets into your trust at death if you have not transferred all of them to your trust during your lifetime. Living trusts and pour-over wills should be executed simultaneously.
Which Assets are Not Considered Probate Assets? Life insurance or 401(k) accounts where a beneficiary was named. Assets under a Living Trust. Funds, securities, or US savings bonds that are registered on transfer on death (TOD) or payable on death (POD) forms. Funds held in a pension plan.
A pour-over will only goes through probate if you have failed to attach all your assets to your living trust. The probate process with a pour-over will is much shorter than probate with a traditional will.
Heres an example: I give to my son, Alan John Smith, one-third of my estate. If Alan John Smith does not survive me, this inheritance should be distributed to Alan John Smiths descendants, per stirpes.

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