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A will

A will

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by: jls2 Active Indicator LED Icon 7 OP 
~ 9 years ago   Jun 30, '14 10:24am  
Has anyone recently had a will drawn up or updated? I have to update my will and I called one lawyer - it is a $375.00 fee. Is this something that a person can write themselves and be valid? 4951
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Nurse3 Active Indicator LED Icon 10
~ 9 years ago   Jun 30, '14 10:32am  
legal zoom? 4951
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thegoodwife Active Indicator LED Icon 10
~ 9 years ago   Jun 30, '14 10:44am  
@jls2 Do you need to rewrite the whole will or just amend it, you can do that by adding a Codicil. 4951
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jls2 Active Indicator LED Icon 7 OP 
~ 9 years ago   Jun 30, '14 11:00am  
Just make changes. It doesn't need to be filed in the court system, correct? 4951
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cgm10sne1 Active Indicator LED Icon 10
~ 9 years ago   Jun 30, '14 11:14am  
I thought anyone could write their own will and it would hold up in court of law if it is notarized and witness. I didn't think it had to be drawn up by an attorney. But I could be wrong. I wrote mine but i've not printed it out nor had it notarized. Mainly because we moved here and it's not updated. Life changes pretty quick. But I think it's important to have the finance issues laid out should I get hit by a bus. And to think that it seems like yesterday that I was rolling my eyes at my grandmother and my own mother for drawing up their wills. Now I know! Emoticon 4951
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thegoodwife Active Indicator LED Icon 10
~ 9 years ago   Jun 30, '14 12:05pm  
Just make changes. It doesn't need to be filed in the court system, correct?
@jls2:  No it gets filed & probated once the person is deceased. 4951
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Retired_Engineer Active Indicator LED Icon 13
~ 9 years ago   Jun 30, '14 12:08pm  
I downloaded a standard form for Texas, filled it out, printed it, had it witnessed and notarized.  As long as it's a basic will, the form works fine.  Also, in Texas, a handwritten will is acceptable.Don't forget about a Medical Power Of Attorney and a Living Will (called an Advance Directive). 4951
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BooBear Active Indicator LED Icon 16
~ 9 years ago   Jun 30, '14 1:53pm  
I downloaded a standard form for Texas, filled it out, printed it, had it witnessed and notarized.  As long as it's a basic will, the form works fine.  Also, in Texas, a handwritten will is acceptable.Don't forget about a Medical Power Of Attorney and a Living Will (called an Advance Directive).
 
@Retired_Engineer:
OMG. I can't say how important the advanced ddirective/do not resuscitate is.. my dad had one on file at the hospital but not at home. The paramedics had to try and bring him back by law. They worked on him in the house for over 20 minutes then another 30 in the ambulance before leaving for the hospital to be pronounced dead. My sister watched the ambulance rocking before they left. Terrible. If he had had a DNR then the coroner could have come and picked him up from the home.
4951
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tatertot58 Active Indicator LED Icon 15
~ 9 years ago   Jun 30, '14 3:33pm  
I thought anyone could write their own will and it would hold up in court of law if it is notarized and witness.
 
@cgm10sne1: In the State of Texas it has to be hand written, not typed ot computer generated and it is valid.
 
4951
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cgm10sne1 Active Indicator LED Icon 10
~ 9 years ago   Jun 30, '14 3:53pm  
@tatertot58 so I have to hand write it? YOur saying that  I couldn't type out the wording on a computer and print it out and then take it to a notary to have it both witness and notarized andn signed in person? REally?  4951
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BooBear Active Indicator LED Icon 16
~ 9 years ago   Jun 30, '14 4:18pm  
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Retired_Engineer Active Indicator LED Icon 13
~ 9 years ago   Jun 30, '14 4:44pm  
@tatertot58 so I have to hand write it? YOur saying that  I couldn't type out the wording on a computer and print it out and then take it to a notary to have it both witness and notarized andn signed in person? REally? 
 
@cgm10sne1:   Sorry, @tatertot58, That is incorrect information.  You can create your own will in Texas that is not hand written.  However, there is some particular wording that must be included, so the best bet is to download a standard form specifically for Texas.  Also, the will must be printed out, witnessed, and notarized.  The paper is the only official copy. The form for the will should include a Self Proving Affadavit.  This will speed the probate process. From LegalZoon.com:Requirements
Basic Requirements for a Texas Last Will and Testament
Age: The testator must be at least 18 years old, married, or serving in the armed forces.
Capacity: The testator must be of sound mind (capable of
reasoning and making decisions), not be forced or deceived to make the
will, and have the intention to pass on property at death.
Signature: A Texas last will and testament must be signed by the
testator or another person at his or her direction and in his or her
presence.
Witnesses: A Texas last will and testament must be attested by
two credible witnesses above the age of 14 and be signed by the
witnesses in the presence of the testator.
Writing: A Texas last will and testament can be in writing, handwritten, or oral. Oral wills have limitations.
Beneficiaries: A Texas last will and testament may bequeath property to any person.
Other recognized will types:
• Holographic Wills: A valid handwritten will must be entirely in
the handwriting of the testator and signed by him or her. Texas laws
have specific requirements in order to recognize a valid handwritten
will.http://www.legalzoom.com/wills-state-requirements/texas-will.html
4951
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cgm10sne1 Active Indicator LED Icon 10
~ 9 years ago   Jun 30, '14 4:49pm  
Thanks so much for the clarification @retired_engineer  Hubbybooboo and I need to get going on this!  4951
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Retired_Engineer Active Indicator LED Icon 13
~ 9 years ago   Jun 30, '14 4:55pm  
Thanks so much for the clarification @retired_engineer  Hubbybooboo and I need to get going on this! 
 
@cgm10sne1:  I could send you a copy of the form that I used, but that was from 2008.  It's still valid for us, since it was all signed, witnessed, and notarized back then.  Newer wills may have some wording changes, so I would pay the $ and download a current copy.I lost a younger sister and a younger brother.  Neither of them had wills.  Since neither were married or had children, we had my sister (who still lives there) handle their affairs. My mother and father had wills, but my father did not execute her will.  My sister and I had to pay a lawyer to resolve both of their estates.
4951
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cgm10sne1 Active Indicator LED Icon 10
~ 9 years ago   Jun 30, '14 6:16pm  
Yes @retired_engineer I want the copy of it. I'll pm you in a few with my email addy! That is awesome. On the same subject: My mother dotted her I's and crossed her t's. She absolutely left nothing up to question. On top of that she donated her body to science. That's how she rolled. She was one of those independent women who dared not burden anyone, family or no family with running around and the like. Her estate was in ORDER. This is exactly how I plan to leave this earth. NO DRAMA! EazyPeazy! Thank my friend.  4951
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BooBear Active Indicator LED Icon 16
~ 9 years ago   Jun 30, '14 6:34pm  
My dad left their affairs in a mess!
 
When I got home from his funeral, Michael and me redid ours. The kids were younger when we first made it and a lot was left for my sister who we entrusted with our kids..only 1 is even a minor now so we had a lawyer set up trusts for them. Not only so they don't get everything at once but it makes sense tax wise for them. I also made sure my mom would be ok.
 
One of the benefits at Michaels job is long term care for parents. We have that for both his and my mom.
 
We have also started planning our own funerals. That was the worst part of my whole recent affair. I never want my kids to have to go pick out a casket or urn for either of us. It's too much stress to have to deal with. All they will have to do is call the funeral home and everything else will be taken care of. 4951
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