Mutual Wills Containing Last Will and Testaments for Man and Woman Living Together Not Married With No Children - Texas 2025

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In Texas yes a person can draft and execute their own will, but there are several pitfalls non-lawyers make that can severly frustrate their estate plans if the non-lawyer drafts a document that doesnt meet the strict requirements of the Texas Estates Code.
If neither community property nor the right of election applies, a surviving spouse may be disinherited completely. They can choose to contest the validity of the will itself, but otherwise they have no recourse.
The person creating the will is referred to as the testator. A valid will in Texas requires the document to be signed by two witnesses at least 14 years old. Although notarization is not mandatory, its highly advisable. Once the will has been executed, it is prudent to: Keep the signed original in a safe location.
The Couple without children should create Wills that work together. Designating separate lists of beneficiaries in each spouses Last Will ultimately results in the marital property being left only to one spouses loved ones. The result: the other spouses family can end up being disinherited.
14 common mistakes to avoid when writing a will The will was incorrectly witnessed. Asking a child or partner to be a witness. Having an out of date will. Making changes to your will after it has been signed. Forgetting Assets. Failing to appoint guardians. Excluding any step-children. Being too specific.
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Key takeaways for a Texas last will and testament Texas recognizes holographic wills, which are entirely handwritten by the testator and do not require witness signatures, and for a will to be valid, the testator must be at least 18 years old and of sound mind. Texas does not impose estate or inheritance taxes.

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