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some parts may be okay but others most likely no. states vary as to laws and i would not use a will from another state. even protocals that are not laws vary from state to state.
i was going to do ours from a will maker kit here in ny. good thing we didnt.
a good attorney asks questions at the signing in front of witnesses like if we know what a will is, are we on drugs or medication, are we being pressured to sign etc..
all things in a 2nd marriage that can leave loop holes for disgruntled kids.
I made a last will and testament when I lived in Calif (dated 2002). Now that I live in Texas, is that will still valid should I die here in Tex?
The Will drawn in CA is most likely not valid in TX. Your state of permanent legal residence, at the time of your death, determines the legality of your Will.
You need to check with a TX probate attorney, or the probate clerk in the court in the county you reside in.
Has anyone done a will with one of those kits? I called several lawyers in the area for a basic will. They all want $500; I don't have that kind of money.
its worth every penny for a lawyer. i had a refinancing stopped on an inherited property because it read i leave my daughter beth my house and all possesions.
it was missing the word "ONLY " as in only child beth ..
whatr a fiasco , i had to pay the bank attorney,the title company,the co-op attorney all for the day. lost my interest rate and had to reschedule after affidavidts were filled out.
i can give you quite a few issues we ran into.
remember with wills nothing is a problem until its a problem. by the time you know its to late
Has anyone done a will with one of those kits? I called several lawyers in the area for a basic will. They all want $500; I don't have that kind of money.
Then you probably don't need a Will. Just have everything in joint names if you are married. If you are married and own a home, have the deed with you and your husband as "Tenants by the Entireties", or "Joint Tenants With Rights of Survivorship". If not married, put another name on your deed as JT WROS and the home will pass to that person. On a checking account or savings account have a "joint" account with another person, and have that person sign the bank account card. It does not mean they have access to your account unless you give them a blank check etc. Talk to your bank about that, and please confirm the above with an attorney in your state. Several will give you no charge consultation about all of this.
there are other reasons you need a will. maybe a wrongful death settlement or medical malpractice suit is won by your heirs. death in an accident .who gets what with no will? it will be split by state law which may not be the way you want it..
there are always things not covered under joint ownership you dont even realize.
if a 2nd marriage with kids you better have a will.........
I used "Quicken Willmaker" for my will, my healthcare power of attorney and my financial power of attorney. If you follow the instructions about the number and type of witnesses, which documents need to be notarized and what to do with each of the documents, you will be fine.
I am a lawyer and most likely the California Will would be valid in Texas but, as others have suggested, check with a lawyer there in Texas. That surely won't cost $500! BTW, I need to move to Texas as I only charge $75.00 for a simple Will. I always recommend that my clients also do a Power of Attorney and and Power of Attorney for Health Care as well as a Will. Those three documents cover just about any contingency. Lastly, I hope you don't need any of them for many, many years!
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