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8 HLRe: Off Rec. 79 (2017-2018)
Wills Gone Wild! Drafting with Probate in Mind: Errors, Omissions, Natural Disasters, and How to Deal with Them

handle is hein.journals/hlreoffrec8 and id is 77 raw text is: ARTICLE WILLS GONE WILD! DRAFTING WITH PROBATE IN MIND: ERRORS, OMISSIONS, NATURAL DISASTERS, AND HOW TO DEAL WITH THEM Dillon Norton* I. INTRODUCTION The world of probate is actually not too wild, at least in uncontested probate,' and wills rarely cause a scene. However, issues in a client's will can make things difficult for family, and although most adults in Texas can draft a will without an attorney,2 doing it yourself or hiring an inexperienced counsel can * Dillon B. Norton of D. B. Norton, PLLC is a solo practitioner in the Houston metro area and veteran of the United States Navy. He practices in the areas of estate planning, probate, and expunctions and non-disclosures. B.A. University of Texas at Austin, J.D. University of Houston Law Center, State Bar of Texas Pro Bono College 2017. The views expressed in this article are those of the author alone. 1. However, this author once witnessed an uncontested hearing to prove up a will become contested when an unrepresented lady, claiming to be the decedent's common-law spouse, appeared unannounced to challenge the named executor's appointment. She did an internet search and learned he was imprisoned in the late 1970's for selling drugs. The proposed executor had a common name and was no drug peddler. After the case was reset for the contested docket, much to the surprise of the estate's attorney, the purported common-law spouse met opposing counsel in the hall with her walker, he cussed her out (allegedly), and in a southern accent she witheringly stated, Someone call the bailiff. . . Zero to a hundred percent contested - real quick. Make sure to address a common law spouse situation in your will and recognize family members that shall benefit from your estate. 2. TEx. EST. CODE ANN. § 251.051 - 251.052 (West 2017) (testator must be of sound mind, 18 or older, or has been married, is in the U.S. armed forces (or an auxiliary thereof), or U. S. Maritime Service; valid will must be: 1) in writing; 2) signed by the testator or another person in the testator's presence and under testator's direction; and 3) attested by two plus credible witnesses of 14 years of age or older signing with their own hand in the testator's presence No attesting witnesses required if wholly written in testator's 79

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