Re: Notarizing/witnessing a will in Texas

As a texas estate planning attorney....she doesn't NEED to be in the
lawyer's office.  But, you have to have it witnessed by people qualified to
be witnesses under Texas law...and there's a little procedure that is
involved.  See if the lawyer has a form letter he can send along to you as
to how the formalities are to be done.  I every now and then have a
situation where a will has to be signed away from my office and, while I *do
not* like to do this, I will send along a letter with DETAILED instructions
on what everyone is supposed to do, when, what order to do, where they all
sign and be in teh room at the same time, etc...

Another solution - is there a lawyer's office nearby where she can execute
the Will?  You might have to pay the guy a little something for the time and
trouble - but maybe someone else will help your mom do the execution using a
will drafted by another person.  Maybe not....

The reason why you want to have it done in your office (from the lawyer's
standpoint) is so you can SEE who's signing.  Is it your Mom?  Is she of
sound mind?  Is someone there coercing her into signing this?  Does she look
competent?  Does she act as if she has testamentary capacity?  Are the
witnesses old enough?  Is the will signed in the "conscious presence" (Texas
legal standard on witnessing Wills) of the testator (will signer) by the
witnesses?  Do I have the witnesss' addresses to find them in the event of a
will contest and the execution ceremony of the Will is challenged as being
insufficient?  There are a myriad of concerns here.  If there is ever a Will
contest its best if the attorney watches the execution then he can be a
witness that your mom was ok, she had sufficient capacity, knew what she was
doing, etc.....

Trust me...its best if she can get to his office to sign it there.

Good luck
Jason

Attorney, CPA
Sherman, Texas

I am not your lawyer.  THis is not legal advice.  This is just general
information offered to help educate you, etc....


"cal-lester" <[EMAIL PROTECTED]> wrote in message
news:[EMAIL PROTECTED]
> Not in Florida....
> Cal
>
>
>
> Lee Carkenord wrote:
> > My mom lives in south Texas.  She  recently decided she wanted to make
> > some changes to her will.  She contacted her attorney, who had  drawn
> > up her current will in year 2000.   His office helped her with the
> > desired changes.  His office faxed  the new will to Mom.  It _DOES_
> > accurately reflect the changes that she wanted.  She is happy with the
> > new version.
> >
> > However, the attorneys office is geographically quite a ways away, and
> > Mom is thinking of having this new will notarized and witnessed  at
> > either her bank, or by her accountant..........both of whom are
> > geographically  _VERY_   close and convenient for her.
> >
> > Is this ok, or does she need to have it notarized in the office of her
> > attorney who made the changes?
> >
> > Thank you......             Lee Carkenord
>
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