Law Office of Angel Davila
Estate planning & probate

Wills

A Texas will can say who should receive your probate property and whom you nominate to carry out those instructions. A family with minor children, a second marriage or a home shared across generations may need to address what happens if a beneficiary dies first.

What happens next

  1. Choose an executor and alternate, beneficiaries, specific gifts and who receives the remaining estate. Explain any gifts that need ongoing management for a child or dependent.
  2. Read through sample outcomes with counsel. If one beneficiary dies first, or you sell a named piece of property, ask how the language treats the change.
  3. Arrange execution and safe storage of the original. A typed Texas will ordinarily requires the maker’s signature or a properly directed signature and two qualifying witnesses. Discuss a self-proving affidavit for use later in probate.

Timing and deadlines

The consultation and draft precede signing. If travel, illness or an upcoming procedure affects availability, say so when scheduling so the office can assess capacity, witnesses and logistics.

Costs and payment

Ask whether the quoted amount covers draft revisions, witnesses, a self-proving affidavit, and separate plans for both spouses. A trust for a beneficiary or complex asset ownership can change the scope.

How to prepare

  • Bring the current will and amendments, even if signed outside Texas, plus up-to-date account beneficiaries.
  • Make a family tree, note deceased relatives and bring exact names for gifts and alternate beneficiaries.

Questions and answers

Is notarizing my typed will enough?

Texas ordinarily requires two qualifying witnesses for this type of will. A notary can help with the self-proving affidavit. Ask counsel to arrange the full signing ceremony before anyone signs.

Should I write changes directly on my signed will?

Keep the signed document intact and bring a separate list of changes to counsel. Ask whether a new will or a properly executed amendment would express the new instructions more clearly.

Will my life insurance go to the people I name here?

Request the insurer’s current beneficiary record. A valid beneficiary designation can direct the proceeds independently of your will. Review the primary and contingent beneficiaries together.

What does it mean when a will is “self-proved”?

It means an affidavit or other authorized sworn formalities can ordinarily supply proof of execution without having subscribing witnesses testify in probate. Ask whether your document includes those formalities, especially if witnesses may later move away.

How do I plan for an executor or beneficiary who dies before me?

Name an alternate for the executor role and discuss who receives a gift if the intended person dies first. Use a real example from your family so the attorney can explain what the drafted language would do.

Can I leave my share of a home that someone else co-owns?

Bring the deed, purchase history and any marital or survivorship agreement. Counsel should first identify the interest you own and whether it passes under a will. A street address or the name on the mortgage alone may not answer either question.

Let’s talk about your next step.

You don’t have to figure it out alone. Talk with Angel’s office about your concerns, upcoming dates and how the team can help.

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Let’s talk about your case.

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