Is a typed 4 page will legal in Texas if only signed on last page by person whom it was for. No witness no notorization

Asked over 1 year ago - Longview, TX

My friends father passed away recently he was contacted but someone who stated he possessed a will and was executor of it. The will consist of 4 typed pages with my friends fathers signature and date only on last page is it legal in Texas. No signatures on any of the remaining pages. His is the only signature. No witnessess. The executor stated he gets everything according to the will. I have contacted the local probate office they do not show its in probate but yet the executor tells me it is and I cant have anything. Do I have a chance if I contest this will? How do I know it is a legal document and not forgered?

Attorney answers (4)

  1. David M. Pyke

    Contributor Level 15

    8

    Lawyers agree

    Answered . In Texas, he answer is simple: This is not a valid will. The prior will should be probated, but if there is no will, an heirship proceeding should be started by your friend.

    There is no legal relationship created or implied by the exchange of message on this website. All statements are... more
  2. Orsen E. Paxton III

    Pro

    Contributor Level 17

    6

    Lawyers agree

    Answered . A document like the one you describe is not a valid Will in Texas and cannot be admitted to probate. If your friend's father was a Texas resident then Texas law will apply. You ask: "Do I have a chance if I contest this will? How do I know it is a legal document and not forgered (sic)?" You would have no chance of contesting the Will because you are not an "interested party" because you are not an heir of your friend's deceased father.

    DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.
  3. James P. Frederick

    Contributor Level 20

    4

    Lawyers agree

    Answered . Under the facts you have presented, the Will in question would not be valid in Texas. Texas requires that the Will either be signed by the testator and witnessed by two witnesses, OR that the entire Will be in the handwriting of the testator and signed by him/her. Witnesses are not required for a holographic Will, (handwritten Will), but under your facts, the typewritten document would not qualify.

    Under Michigan law (where I practice), there is a "fudge" statute that provides that any document intended to be a Will, can be admitted to probate as a Will. (We have even seen unsigned documents admitted as Wills, in some cases!) If Texas has a similar statute, there might be a slight chance that this document could be probated. My guess is that Texas law is more sensible in this regard.

    Since the person claiming to be the executor is unlikely to let this go without a fight, you should consult a probate attorney to determine how best to proceed. You will need to retain an attorney if the person in question decides to take this to court.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more
  4. Alexis Ann Kern

    Contributor Level 10

    2

    Lawyers agree

    Answered . No. I agree with all of the foregoing answers.

    *Disclaimer: Visiting or sending communications through this website does not create an attorney-client... more

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