Texas Last Will & Testament FAQs | 10MinuteWill.com – Frequently Asked Questions

Last Will and Testament FAQs


DO I NEED AN ATTORNEY TO PREPARE MY LAST WILL AND TESTAMENT?

If you're like most people, you don't need a lawyer to make your Will. Attorneys rely on templates to prepare Wills, charging hundreds (often thousands) of dollars to plug in your data. 


WHAT IF I DON'T HAVE A WILL?

When a person passes away without a Will, he or she dies "intestate." In such cases, state laws and statues determine the distribution of his or her estate by way of a fairly inflexible formula. Without a will, the courts decide how and to whom your property is distributed, and choose a guardian for your minor children.


WHAT ARE THE BENEFITS OF HAVING A WILL?

 - You decide where and to whom your assets go.
 - You decide who will manage the distribution of your estate.
 - You reduce the risk of family disputes and other potential complications associated with your passing.
 - You avoid the expensive and time consuming process of probate.
 - You ensure the care of your family the way you want to, not the way the government decides for you.
 - You decide who will care for your minor children.


CAN I REALLY PREPARE MY WILL IN 10 MINUTES?

Yes. Most people are done in under 10 minutes. The time it takes you to create your will is completely up to you. If you are well-prepared, or you have a small, less complicated estate, preparing your will can be accomplished in minutes.


WHAT CAN I INCLUDE IN MY WILL?

Almost anything! Generally, the only property you can't include in a Will is property that already has established beneficiaries.


WHO CAN BE A BENEFICIARY OF MY WILL?
Any person can be a beneficiary of your will. 


CAN A BENEFICIARY OF MY WILL BE A FOREIGN NATIONAL?
Yes. You may leave testamentary property to any person, regardless of nationality or immigration status.


CAN A HUSBAND AND WIFE MAKE A JOINT WILL?
A joint will (also known as a mutual will) is a single will that covers two people. When one person dies the joint will leaves everything the surviving person. Joint wills also state what will happen to any property should both people die.

The major problem with joint wills is that the surviving person cannot change the will after the first person dies. Should life circumstances change - for example the surviving person wishes to remarry after the first person's death - the surviving person is stuck with whatever the joint will provided. 10MinuteWill.com does not offer joint wills. However, you can create mirror wills at 10MinuteWill.com


DOES MY WILL NEED TO BE NOTARIZED?

Your will is enforceable if it is signed in the presence of two witnesses OR in the presence of a notary. However, 10MinuteWill.com recommends executing a "Self-Proving” will, which is signed in the presence of two witnesses AND a notary.

A "Self-proving" will is typically accepted without calling for the testimony of any witnesses, or otherwise requiring that other evidence be presented.


WHERE CAN I FIND A NOTARY?

You can find a notary by doing a simple Internet search for "notary public" and your zip code.


DO MY ADVANCE DIRECTIVES HAVE TO BE NOTARIZED?

Texas requires that your Advance Directives are either signed by two (2) witnesses or are witnessed by a notary public. You can choose either method.


WHAT IF I MOVE TO ANOTHER STATE AFTER I PREPARE AND EXECUTE MY WILL?

If you move to another state, your Will will be honored and probated in the other state, subject to the laws of that state.


DO MY 10MINUTEWILL.COM DOCUMENTS MEET THE REQUIREMENTS FOR TEXAS?

Yes. Estate planning documents prepared at 10MinuteWill.com fully conform to the laws of the state of Texas.


CAN I PREPARE A WILL AND/OR ADVANCE DIRECTIVES IF I AM NOT A US CITIZEN OR PERMANENT RESIDENT?

Yes. Your immigration status does not affect your rights to prepare a Will or Advance Directives.


DO I NEED A LAWYER TO COMPLETE MY ADVANCE DIRECTIVES?

No. While you may wish to consult with a lawyer if you have questions about your Advance Directives, a lawyer is not required in order to prepare these documents.


WHO CAN PREPARE ADVANCE DIRECTIVES?

An adult, 18 years old or older, or an emancipated minor who is deemed competent, may complete a Directive at any time. Spouses may complete Directives for adults. Parents and guardians may prepare Directives for unemancipated minors under 18 years of age.


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