Preparing your own will?

Question

In Texas, is a will considered to be legal if the person simply types his wishes and signs it, maybe even having a notary to sign it also, then keeps it in his files at home? This person owns no home, property, or anything of value except his vehicle and computer, and has no or very little savings, and a small life insurance policy. He wants to leave everything to his common law wife with the assurance that his kids (who never return his calls or never visit in years) do not try to take the insurance money from his "wife".

Answer 1

I would recommend having a lawyer go over it and file it, to be sure.

Answer 2

A simple will done by the testator without assistance generally has to be in the testator's own handwriting and signed by two witnesses. Any other testamentary devise, such as you describe can be entered as evidence of the testator's desires or will but may not be acceptable as an official will. The judge may still accept it as such barring any other evidence to the contrary. The life insurance policy has a beneficiary clause built into it. The company will cut a check to the person listed in the beneficiary clause of the policy. As for the rest of it, he should probably simply give her everything now before he dies so that it is hers by gift and that way he dies without property; ie., nothing to fight about. She can then see to his remains according to his wishes if Texas allows common law relations that privilege. Otherwise, his closest next of kin would have control of the body.

Answer 3

this would be a simple will that you should be able to do with preprinted will forms from stationers - I can't comment on Texas requirements but on general principles get it witnessed by two people who are not beneficiaries .. say neighbours.

but you can sidestep all of this can't you if he puts in writing that he transfers them to her now by way of gift, or for some payment that he passes back as his contribution to costs.