How To Amend A Will In Texas

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How to Amend a Will in Texas: A Humorous Guide

So, you've finally gotten around to writing your will. Good for you! It's always good to have a plan for what happens to your stuff when you kick the bucket. But what if you change your mind? Maybe you get married, have kids, or win the lottery. Or maybe you just realize that you left your favorite aunt out of your will entirely. Whatever the reason, you may need to amend your will.

What is Amending a Will?

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Amending a will, also known as codiciling, is the process of making changes to an existing will. You can add, delete, or modify provisions in your will.

How To Amend A Will In Texas
How To Amend A Will In Texas

Why Amend Your Will?

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There are many reasons why you might need to amend your will. Some common reasons include:

  • Marriage: If you get married after you write your will, your spouse may be entitled to a portion of your estate, even if you didn't name them in your will.
  • Divorce: If you get divorced after you write your will, your ex-spouse will no longer be entitled to anything under your will.
  • Birth of a child: If you have a child after you write your will, you may want to include them in your will.
  • Change of beneficiaries: You may want to change the beneficiaries of your will if your circumstances change.
  • Change of executor: You may want to change the executor of your will if your executor dies or becomes incapacitated.

How to Amend Your Will in Texas

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The process for amending a will in Texas is relatively simple. You can do it yourself or hire an attorney to help you.

Here are the steps involved in amending a will in Texas:

  1. Draft a codicil: A codicil is a legal document that amends an existing will. You can draft a codicil yourself or hire an attorney to help you.
  2. Sign and date the codicil: The codicil must be signed and dated by you in the presence of two witnesses.
  3. Keep the codicil with your will: The codicil should be kept with your original will.

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Important Note:

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It is important to note that amending your will does not revoke your original will. Your original will remains in effect, with the changes made by the codicil.

Frequently Asked Questions

FAQs

  • How do I know if I need to amend my will? If your circumstances have changed since you wrote your will, you may need to amend it. Some common reasons for amending a will include marriage, divorce, birth of a child, change of beneficiaries, or change of executor.
  • Can I amend my will myself? Yes, you can amend your will yourself. However, it is recommended that you consult with an attorney to make sure that your codicil is legally valid.
  • How much does it cost to amend a will in Texas? The cost of amending a will in Texas varies depending on the complexity of the changes you need to make. However, you can expect to pay a few hundred dollars to an attorney to draft and notarize a codicil.
  • What happens if I don't amend my will? If you don't amend your will and your circumstances change, your estate may not be distributed according to your wishes. For example, if you have a child after you write your will, your child may not be entitled to anything under your will unless you amend it.
  • Can I revoke a codicil? Yes, you can revoke a codicil by writing a new codicil that revokes the previous codicil.

I hope this blog post has been helpful. If you have any questions, please feel free to leave a comment below.

Additional Tips:

  • It is important to review your will regularly and make any necessary changes.
  • You should keep a copy of your will and any codicils in a safe place.
  • You should let your loved ones know where to find your will.
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Quick References
TitleDescription
census.govhttps://www.census.gov/quickfacts/TX
bizjournals.comhttps://www.bizjournals.com/austin
texastribune.orghttps://www.texastribune.org
tshaonline.orghttps://www.tshaonline.org
texas.govhttps://dps.texas.gov

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