I was at the office today and on one of my listserv’s there has been a long discussion on online wills, legal self help online services (e.g. LegalZoom.com) and the like.  I hesitated to mention the issue on our blog because, well, they are sorda a competitor.  I then thought about it more and, No, they are not really a competitor.  In fact, as one attorney on the listserv put it

I make more money off of holographic [handwritten] wills and online wills than I do my everyday estate planning business.

Why would the attorney make more money off of these services?  Because these services are “cookie” cutter services.    They are generic forms.

Legal issues are not cookie cutter!  Do you have the exact same issue as your neighbor?  Your brother?  Or another relative?  You make the same amount of money as they do?  Are you married?  Are you the same age?  Do you have the same number of kids?  Are you going to retire at the same time?  Do you all have the same value house?  Do you have the same skills related to the managment of money or stress related to life decisions?

There are numerous questions that need to be asked and evaluated.  Yes!! Evaluated to determine the best course of action.

In one of the conversations an attorney by the name of Mike recounted this joke:

…there is an old joke about the patient who was outraged at the $100,000 invoice from his surgeon for heart surgery and asked for a breakdown of the charges. The doctor’s reply was

1. Performing heart surgery – $10,000

2. Knowing where to cut – $90,000

The following blog discusses this issue in a little more depth — http://ricksblog.lawelderlaw.com/self-help-legal-switcheroo/

Attested Wills

The “attested” will is the type of will that everyone thinks of when someone mentions they have a will.  It is a writing and is signed by the testator (the person making the will) or by a person he/she directs to sign in the presence of the testator.  It is attested by two or more credible witnesses above the age of 14 who shall sign their names in their own handwriting in the presence of the testator.

It is common to have a “self-proving” affidavit also signed by the witnesses.  The affidavit essentially states the witnesses witnessed that the Testator declared he/she was signing his/her Last Will and Testatment, the testator was over the age of 18, of sound mind, and each witness was over the age of 14.  The self-proving affidavit makes it possible to admit the will without having to prove it was executed correctly.

If there is no self-proving affidavit, the will is not invalid.  It only requires that in order to probate the will, witnesses(es) will be required to appear in order to prove the will was properly executed and in accordance with the statute.

Holographic Wills (handwritten wills)

Texas does recognize handwriten wills.  A hand written will must be wholey in the handwriting of the testator.  Witnesses are not required to sign the handwritten will; however, in order to admit the handwritten will, two witnesses are required to prove it is the testator’s handwriting.

Oral Wills (Nuncupative Wills)

Texas used to recongize oral wills in limited circumstanes.  In 2007, the Texas legislature replealed the statutes allowing for Nuncupative Wills.