witnesses on will

taylorsmith90

New Member
Hello, I have a few questions I need awnsered I'm turning 25 thus July my grandmother died left everything to my grandfather who my three aunt's took down to a family attorney and had a article of the will omited. Which had my deceased father name taken out. Keep in mind the attorney that done it is kin to our family through marriage. His wife and mother where witnesses to the will. Which one is a sister to my grandmother. Is it legal to use family attorney and family as a witness to a Will in texas?. I feel like my 3 aunts cut my dad out of my grandfather's will. Because he was deceased and his share would have been left to me on top of his will he has already left to me. What should I do and if anything can be done July is closing near thanks Taylor smith

The two witnesses are both kin to me through my grandmother one is her sister and the other is her daughter. The attorney is one of the witnesses husband. Which he also had a license to stamp The Will too
 
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Family members who are over the age of 14 are legally eligible to be a witness to a will, although it may prevent them from receiving a gift if they are named beneficiaries. Witnesses who are beneficiaries to a will are called interested witnesses.

In Texas, a gift in a will to an interested witness will be presumed void because those who stand to benefit from a will may have a reason to lie about its execution.

However, there are exceptions which allow an interested witness family member to keep his or her gift in the will.

Texas probate law allows an interested witness to receive the portion of his her gift that he or she would have received if the testator died without a will.

An interested family witness may also keep his or her gifts if a third party who has no stake in the will corroborates that witness' testimony.

If a family member is a beneficiary, as well as a witness to your will, he or she may still be able to receive his or her gift under Texas laws.

It is best to play it safe, therefore one may want to choose two uninterested third parties to serve as witnesses.

Probate laws can be confusing, so consult with an estate planning lawyer in your Texas county (where you reside) for more information on drafting and probating a will.



Here you go, OP, almost everything you might ever want to know about wills in Texas:


http://wills-probate.lawyers.com/wills-probate/witnesses-to-a-will.html


http://texasprobate.com/index/2011/...cedure-the-testator-and-witnesses-need-s.html

http://www.texaswillsandtrustslaw.com/2013/09/11/how-many-witnesses-need-to-sign-a-will-in-texas/

http://www.texaswillsandtrustslaw.com/2010/01/13/requirements-of-a-valid-will/
 
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