QUESTION

when someone is sick and not mentally capable to change his will what are our options?

Asked on Jul 22nd, 2016 on Wills and Probate - Texas
More details to this question:
the copy of the will that we got from the court house is only one page and was not drawn up by a lawyer. Do changes or new wills need to be notarized?
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1 ANSWER

Kevin Spencer
When a person lacks the mental capacity to sign a Will, they are said to lack testamentary capacity.  When a person lacks testamentary capacity, they are no longer capable of executing a new Will.  There are no options.  A person's right to make a Will cannot be abridged, so anyone can write a Will at any time.  But, if a Will is executed at a time when the testator (person signing the Will) lacks testamentary capacity, the Will is invalid and should not be probated.  If shown to be invalid, it cannot be probated. Wills do not have to be prepared by an attorney, but should be prepared by an attorney. Wills do not have to be notarized, but simply signed in the presence of two witnesses. I hope this answers your questions. Sincerely,  Kevin Spencer (214) 965-9999 www.spencerlawpc.com
Answered on Jul 24th, 2016 at 7:16 PM

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