Will Signing Requirements
- Two disinterested witnesses: Every will needs 2 disinterested witnesses (exceptions apply). This can be anyone who is not a beneficiary under the will and age 14 or older.
- The testator/testatrix and the witnesses must sign the will in each other’s presence.
- The testator/testratix must be of sound mind (having testamentary capacity) at the time the will is signed.
- The testator/testratix must be 18 years or older at the time the will is signed (some exceptions apply).
- Holographic Wills: Handwritten wills wholly in the testator/testatrix’s handwriting are legal in the State of Texas.
Each last will & testament comes with a contingent trust. This provision protects young beneficiaries from inheriting property or funds before a certain age.
Their inheritance will go into a contingent trust, managed by a trustee, until they reach a certain age. You decide what age that is.
The trustee can use those funds for the beneficiary’s health, education, maintenance, and support. Once the beneficiary reaches the age you set forth, he/she will receive any unused funds from the trust outright and free of trust.
These are trusts that are created in a will. They are often used to protect any inheritance from a beneficiary that may be irresponsible with money.
They can also be used to prevent the spouse of your adult child to have any access to the inheritance. These can last for several years or until the beneficiary dies.
A trustee would manage the funds and the funds can be used for the health, education, maintenance, or support of the beneficiary. The beneficiary of the trust can be his/her own trustee.
Supplemental Needs Trust
This is a trust provided for in your will that is recommended for any beneficiary that has any special needs.
The funds the beneficiary inherits goes into a supplemental needs trust and not directly to the beneficiary. This protects any public benefits the beneficiary may be receiving and allows him/her to continue to receive the public benefits.