Cheap Can Often Be Very Expensive...

By Thomas Rose | Tue, 16 Dec 2008

One of my more interesting probate cases involved probating a preprinted, fill-in the blank Will purchased from an unnamed office supply store and used by a dear 90 year old woman who apparently either distrusted attorneys, or declined to pay an attorney to prepare her Will.  The document failed to conform to applicable Texas law, and failed to name the executor as "independent" under Texas law. Now this failure can be fairly easily overcome at some additional cost if all of the beneficiaries under the Will are all adults and are willing to name and appoint the executor as "independent" (that is, free or independent of court supervision).  But in this case, one of the adult beneficiaries was mentally incompetent and legally disqualified from signing any document...