What I Learned From My El Paso Probate Attorney

By Author: Kacy Suther
Total Articles: 223
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When I realized that I was going to be in El Paso for my retirement years, I went ahead and sought out an El Paso probate lawyer. Truth be told, I had just kept my own will up over the years, thinking that because it was in my own handwriting that it was completely valid. You can imagine my surprise when I sat down across from an El Paso probate attorney only to find out that my current will would only stand if it went uncontested. If anyone contested what I had written, because I had not actually filed the legal documents, it could take years to settle the estate, possibly even in court. That was definitely not what I wanted to happen.

In the course of my conversation with the lawyer about El Paso probate law, I learned some really interesting facts. For example, an oral will is legally acceptable if it was made during the decedent's last illness either in their home or in another location (such as a hospital, I would assume) where they would have resided at least ten days prior to the date of the will. Interestingly enough, this kind of will can only be used for personal property, not real estate. Also, it cannot ...
... surpass more than $30.00 unless there are three credible witnesses present at the time the will was spoken. Apparently, this will has an expiration date of six months, unless it's put in writing within a week of being made. OK, so this doesn't really apply to my situation, but who knew that legal stuff was so bizarre and so detailed? Actually, that's probably self-evident.

So, as far as my will goes, I'm all set now. My will is still in my own handwriting, but now it has also been notarized and looked over by a legal professional, who suggested several changes in the way I had worded things. I guess it makes sense to include some legal writing, after all, it's a court that will handle it upon it being put through the probate process. I have also learned that in having it in my own handwriting, the court will want my handwriting verified, which I know my family and friends will be able to do- I'm a prodigious writer, and besides which, I have taken to writing them each letters for their birthdays and well....let's just say finding handwriting samples or people familiar with it really won't be a problem. I can also sign an affidavit of some sort which will cause my will to be what is known as a self-proved will, which won't require any witnesses.

I have also learned that there are other things that I can do so that not everything will go through the court process. Gifts given before death are one way to do this. In the case of unexpected or accidental death, this isn't really an option, but for those who have more of an awareness of things, it's a valid way to go about distributing some of your property. I think that I might choose to do this with some of my sentimental property. I'll leave the money and the real estate to the lawyers, and I'll stick with giving gifts that will have a lot of meaning and personal value (regardless of the monetary value) so that it will not be some El Paso wills lawyer handing it down to my heirs.