QUESTION

If a Will was Not signed by wittness,is it still valid in Texas?

Asked on Jun 27th, 2012 on Wills and Probate - Texas
More details to this question:
My Father left the house to me and my sister,We just found out the will did not have a witness signed so is the will still valid?? If not who does the house go to? I Have lived in the house with my father since we got the house (9 Years) and he always stated to me and my family the house was mine and that he bought the house to leave to me when he dies,he recently added my sister to leave us both the house a few months ago in the New will.But like I said it was not signed by a witness...who has rights to the house?
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1 ANSWER

Collaborative Family Law Attorney serving Dallas, TX at Quaid Farish, LLC
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Was the will wholly in your Father's handwriting?  Is so, and it was signed by him, there is no need for witnesses. The parties interested in an estate may agree to dispose of the property in accordance with an invalid will.  If they do, it passes by agreement rather than by the will.  Were there any persons who were there when your Father signed the Will?  They could sign and file with the Court, Affidavits stating they saw him sign the will.  There are several options available to you and your sister but you need the advice of a lawyer who practices probate law in your area.  
Answered on Jun 29th, 2012 at 10:45 AM

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