Get it in writing—the right kind of writing
The look in her eyes said it all. Grief waged a war against her. Just getting by. Trying to stay afloat. Taking it day by day. And all the other cliches we use when a loved one dies.
Here she was in my office, stirring her coffee as we chatted. Her husband died a couple months ago. She had paid for the funeral, the headstone, and saw to a dozen other to-dos—all before she could truly grieve.
She handed me a crinkled piece of notebook paper. From her trembling hand you would think that this piece of paper weighed a hundred pounds.
I carefully unfolded it and looked at the pencil lines that resembled the phrase, “I leave my wife everything.” Below was an attempted signature.
A noble sentiment, no doubt, but a legal document? Perhaps. In Texas, this scribbled phrase is called a “holographic will”—a document wholly written in a person’s handwriting specifying who gets what upon his or her death.
Back in the day, this was the standard practice for Texans to give their property to their family. As the Texas frontier developed, lawyers followed behind in hopes of establishing law and order to our budding state. As generations passed, more title issues arose, demonstrating the need for better plans.
I looked over the notebook paper again. Testamentary intent? Check. Soundness of mind? Maybe. Complete disposition of property? Check. Two witnesses? No. A valid will? Eh. That would be up to the judge to decide. We would need to find two people to verify that this was his handwriting. And testify to his soundness of mind.
Questions abounded: Could we find such people? Would anyone challenge the will? Why did he leave this to chance, hoping that his scribbles were legally sufficient to prevent any unnecessary complications for his bride?
Thankfully, we as Texans have the freedom to create a will, but the law still requires that a will is properly written—and signed—to be valid. Some Texans want an attorney to create a plan so that their loved ones inherit their property without an issue. This is called an “estate plan.” And without a proper plan, the government steps in and decides for us.
If you need a will, the Texas Supreme Court has free wills available on their website (https://www.txcourts.gov/forms/). This, of course, is no substitute for legal counsel—but more of an “FYI” for my fellow Texans. Similarly, this story is not legal advice; should you want sound legal counsel, please call our office at (940) 264-3041 or stop by at 300 N. Wall Street. We’re located on the second floor of the Pilgrim Bank, and we’d love to meet you.
