In Texas it can be more difficult and costly to probate a will which lacks certain Texas statutory language.
Q: Is there "will reciprocity" between all the states, and are there any legal and practical ramifications by having an out-of-state document? What about other estate documents, such as powers of attorney?
A: Every state honors wills signed out of state. They will even honor wills written out of the country in a foreign language.
Problems can arise though when those wills get probated. In Texas, for instance, it can be more difficult and costly to probate a will that lacks certain Texas statutory language.
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There are generally two types of powers of attorney forms. One deals with medical issues and the other deals with financial and business issues. Most states have their own statutory forms, and medical providers and financial institutions in a particular state prefer to see that state's forms used. However, many financial institutions have their own internal power of attorney forms that would apply nationwide.
If you try to use an out-of-state power of attorney, it would not be unexpected for the medical provider or financial institution to question or reject the form.
Q: I found an article you wrote in 2007 that said IRAs and Roth IRAs are protected from lawsuits and judgments. Is this still the case?
A: Yes. Texas law has not changed.
Q: We live in Bexar County and are looking for a good attorney for estate planning. What is a website to search for specialist attorneys in Texas?
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A: The Texas Board of Legal Specialization has resources available at its website, www.tbls.org.
Q: Please explain the squatter laws in Texas.
A: Squatters in Texas can acquire legal ownership of real estate through a process called adverse possession. There are a number of requirements a squatter must meet.
The squatter must occupy the property without a valid lease or rental agreement with the owner. This means the squatters are either aware they are trespassing, or they are making a good faith mistake that they have a right to the property.
The squatter must actively live on and occupy the property for a continuous period of time. In Texas, the required time is generally three, five, 10 or 25 years, depending on the circumstances.
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The squatter's occupation of the property must be obvious and known to the public, not hidden.
The squatter must occupy the property exclusively, without sharing it with the owner.
The squatter must maintain continuous, uninterrupted possession of the property for the required time period.
This is only a brief summary of the adverse possession laws. You can learn more about this area of the law at dozens of websites if you run a search using the exact wording of your question.
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The information in this column is intended to provide a general understanding of the law, not legal advice. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to: stateyourcase@lipmanpc.com.
Is an out-of-state will valid in Texas?
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30.04.2024
In Texas it can be more difficult and costly to probate a will which lacks certain Texas statutory language.
Q: Is there "will reciprocity" between all the states, and are there any legal and practical ramifications by having an out-of-state document? What about other estate documents, such as powers of attorney?
A: Every state honors wills signed out of state. They will even honor wills written out of the country in a foreign language.
Problems can arise though when those wills get probated. In Texas, for instance, it can be more difficult and costly to probate a will that lacks certain Texas statutory language.
Advertisement
Article continues below this ad
There are generally two types of powers of attorney forms. One deals with medical issues and the other deals with financial and business issues.........
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