Look, I know you don’t want to think about this stuff, but we need to talk about: “What happens if you get really sick or, God forbid, die.”
Some things to think about:
📃A Will
📃Living Will
📃Medical POA
📃Statutory Durable POA
📃Declaration of Guardian for Children
Some things to think about:
📃A Will
📃Living Will
📃Medical POA
📃Statutory Durable POA
📃Declaration of Guardian for Children
Note: I'm not a probate attorney. But, most of this stuff is really basic.
Much of it is listed on the Texas Bar website and other associated state government websites.
Everyone's situation is different. When in doubt, call a lawyer. (Not me, I mean a good one.)
Much of it is listed on the Texas Bar website and other associated state government websites.
Everyone's situation is different. When in doubt, call a lawyer. (Not me, I mean a good one.)
2nd Note: I'm cribbing a lot of this stuff from the Houston Volunteer Lawyers' notes. Follow: @HVLPtweets
They deserve the credit. makejusticehappen.org
They have an online consulting if you need to talk to a lawyer but can't afford it. I'll post at the end.
They deserve the credit. makejusticehappen.org
They have an online consulting if you need to talk to a lawyer but can't afford it. I'll post at the end.
3rd Note: These are the rules for TEXAS only!
If you're not from Texas, you need to check the rules in your own state. (And, yes, they are different)
The easier option is to just move to Texas!
"That's right, you're not from Texas. But Texas wants you anyway."
If you're not from Texas, you need to check the rules in your own state. (And, yes, they are different)
The easier option is to just move to Texas!
"That's right, you're not from Texas. But Texas wants you anyway."
Having a WILL is really important. It makes sure your stuff goes to the people you like when you "meet your maker."
If you don't have a will then the court will split your stuff up according to law.
If you have lots of "stuff" or have a feuding family: DON'T DO YOUR OWN WILL!
If you don't have a will then the court will split your stuff up according to law.
If you have lots of "stuff" or have a feuding family: DON'T DO YOUR OWN WILL!
There are 2 basic types of Wills in Texas:
🤵Formal (get a lawyer)
&
🤷Holographic ("DYI")
There are many benefits of a formal will. Hire a probate attorney, they will explain them to you... then have them draft it.
But if you don't have a ton of stuff, or can't afford one...
🤵Formal (get a lawyer)
&
🤷Holographic ("DYI")
There are many benefits of a formal will. Hire a probate attorney, they will explain them to you... then have them draft it.
But if you don't have a ton of stuff, or can't afford one...
Holographic ("DYI") Will in TEXAS:
1-ENTIRELY in your own handwriting
2-SIGNED (by you... duh)
3-DATED (when signed)
4-NAME an Executor to serve w/out bond
5-State WHO should get WHAT property
DO NOT NEED WITNESSES
DO NOT NEED NOTARY
1-ENTIRELY in your own handwriting
2-SIGNED (by you... duh)
3-DATED (when signed)
4-NAME an Executor to serve w/out bond
5-State WHO should get WHAT property
DO NOT NEED WITNESSES
DO NOT NEED NOTARY
This must be 100% in your own HANDWRITING.
It can NOT have any pre-printed words. If you are using a form to do this, it will not be admissible in TEXAS.
Use a blank sheet of paper with NOTHING else on it.
Use your normal handwriting. (in case they need to prove it up)
It can NOT have any pre-printed words. If you are using a form to do this, it will not be admissible in TEXAS.
Use a blank sheet of paper with NOTHING else on it.
Use your normal handwriting. (in case they need to prove it up)
A VIDEO WILL IS NOT ACCEPTABLE IN TEXAS! (Sorry)
A holographic will must be in you own HANDWRITING in TEXAS. (No Pokemon stickers either, not law, my rule)
See Texas Estates Code: Sec. 251.052.
A holographic will must be in you own HANDWRITING in TEXAS. (No Pokemon stickers either, not law, my rule)
See Texas Estates Code: Sec. 251.052.
Take your handwritten, signed, and dated will and put it somewhere safe... like a safe.
Send a copy to the person you listed as your executor. (See if Hallmark still has their "Oops, I named you my executor" cards.)
Meanwhile, refocus efforts on not "becoming worm food."
Send a copy to the person you listed as your executor. (See if Hallmark still has their "Oops, I named you my executor" cards.)
Meanwhile, refocus efforts on not "becoming worm food."
Directive to Physicians - aka: "Living Will"
What do you want doctors to do when it's close to the end? Use every effort possible -or- let me go in peace?
This is a government form in English and Spanish (NEED 2 WITNESSES):
hhs.texas.gov/laws-regulatio…
What do you want doctors to do when it's close to the end? Use every effort possible -or- let me go in peace?
This is a government form in English and Spanish (NEED 2 WITNESSES):
hhs.texas.gov/laws-regulatio…
Where the 'Living Will' is just for end of life situations, the Medical Power of Attorney will allow another person to make medical decisions for you for a set period.
It's also a form in English and Spanish (MUST BE NOTARIZED):
hhs.texas.gov/laws-regulatio…
It's also a form in English and Spanish (MUST BE NOTARIZED):
hhs.texas.gov/laws-regulatio…
The Statutory Durable Power of Attorney does the same as the medical, except it deals with everything other than medical care (your property, bills, income, etc).
Just like the others, it's a form in English and Spanish (MUST BE NOTARIZED):
hhs.texas.gov/laws-regulatio…
Just like the others, it's a form in English and Spanish (MUST BE NOTARIZED):
hhs.texas.gov/laws-regulatio…
Authorization Agreement for Nonparent Adult Caregiver - aka: Declaration of Guardian for Children
If you have kiddos and don't have close family (that you trust with your kids), then you may need to name another person to look after them in case everyone "kicks the can."
If you have kiddos and don't have close family (that you trust with your kids), then you may need to name another person to look after them in case everyone "kicks the can."
This form must be SIGNED by a parent and NOTARIZED.
(Note: This form does not allow you to just give up your little monsters... that's a totally different form.)
(Also Note: This does not override existing child custody orders.)
(top of the page):
dfps.state.tx.us/site_map/forms…
(Note: This form does not allow you to just give up your little monsters... that's a totally different form.)
(Also Note: This does not override existing child custody orders.)
(top of the page):
dfps.state.tx.us/site_map/forms…
One of the best things you can do for your family is to create a notebook detailing bank accounts, credit cards, Grinder accounts that you own. List account names and numbers.
(DON'T write down your passwords. There are formal ways to change access without breaking the law.)
(DON'T write down your passwords. There are formal ways to change access without breaking the law.)
For Seniors, Disabled Persons, and Veterans (any age), the Houston Volunteer Lawyers can help you do all of this stuff.
Set up an online appointment by calling (713) 228-0735 between 9 a.m. and 3 p.m.
makejusticehappen.org/node/567
Set up an online appointment by calling (713) 228-0735 between 9 a.m. and 3 p.m.
makejusticehappen.org/node/567
