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  1. #1
    tmanuel9226 is offline Junior Member
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    Exclamation Hand Written Will

    What is the name of your state? TX

    My dad recently passed away and had a hand written will in which my step-mom provided me with a copy,however she has not had this will probated. She get's the house and upon her death my sister and I get my dad's half and my step-mom's kids get her half. She now wants to refinance the home in her name and says the morgage company has asked for the heirs names and date of birth. Can she actaully refinace this home in her name without me and my sister having to sign anything? Can we request she buy us out of our half before she refinaces? Can she refinance in her name and cut me and my sister out?

    Any advice would be greatly appreciated. Thanks

    *Dad and step-mom are both on the deed.
    ** The will was not notarized with winesses
    ***Will was wrote on his death bed
    Last edited by tmanuel9226; 06-01-2006 at 07:51 AM.
  2. #2
    pojo2 is offline Senior Member
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    Whose name is on the deed, everyones or just hers and your Dad?

    Based only on what you typed without benefit of the answer to the above question she can do anything she wishes until she passes away it is not your house for any purposes.

    YOU do not have a half until she dies UNLESS the deed is in everyones name.

    Is the will notorized with witnesses etc.?

    Guess you could contest it and spend everything on legal fees instead of getting anything.

    Wanting to refi sounds a bit dubious but who knows she may need money and she may want to change the title when she does so to include everyone on deed thus needing the names etc.

    Until you answer the above question all you will get is speculation.
  3. #3
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by tmanuel9226
    What is the name of your state? TX

    My dad recently passed away and had a hand written will in which my step-mom provided me with a copy,however she has not had this will probated. She get's the house and upon her death my sister and I get my dad's half and my step-mom's kids get her half. She now wants to refinance the home in her name and says the morgage company has asked for the heirs names and date of birth. Can she actaully refinace this home in her name without me and my sister having to sign anything? Can we request she buy us out of our half before she refinaces? Can she refinance in her name and cut me and my sister out?

    Any advice would be greatly appreciated. Thanks
    The ONLY question that needs answered is how many witnesses signed the will?
  4. #4
    Dandy Don is offline Senior Member
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    Talk to an attorney and get probate opened up NOW to force her to produce the will for court. It will make things easier and less complicated if probate is officially done now and the heirs' names recorded on the deed. And you also need to be discussing your options with the mortgage company--she may want to put the house up for sale in which case she would then be able to buy you out. Are there any other assets in the estate besides the house?

    DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
  5. #5
    wdlsguy is offline Member
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    The ONLY question that needs answered is how many witnesses signed the will?
    "Where the will is written wholly in the handwriting of the testator, the attestation of the subscribing witnesses may be dispensed with."

    Texas Probate Code 60

    I am not a lawyer.
  6. #6
    ceara19 is offline Senior Member
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    Quote Originally Posted by tmanuel9226
    What is the name of your state? TX

    My dad recently passed away and had a hand written will in which my step-mom provided me with a copy,however she has not had this will probated. She get's the house and upon her death my sister and I get my dad's half and my step-mom's kids get her half. She now wants to refinance the home in her name and says the morgage company has asked for the heirs names and date of birth. Can she actaully refinace this home in her name without me and my sister having to sign anything? Can we request she buy us out of our half before she refinaces? Can she refinance in her name and cut me and my sister out?

    Any advice would be greatly appreciated. Thanks

    *Dad and step-mom are both on the deed.
    ** The will was not notarized with winesses
    ***Will was wrote on his death bed
    Unless your step mother is actually DEAD, you do not have a "half of the house" for her to purchase from you. And if she is DEAD, I doubt that she would be able to find a lender to buy you out.
  7. #7
    tmanuel9226 is offline Junior Member
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    Reponse

    I am not trying to give my step-mom a hard time I just want to protect my intrest.
    There are no other assets and I am only concerned that my sister and I will be cheated in the end.
  8. #8
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by wdlsguy
    "Where the will is written wholly in the handwriting of the testator, the attestation of the subscribing witnesses may be dispensed with."

    Texas Probate Code 60

    I am not a lawyer.
    I know you are not an attorney. You forgot about 90 percent of the statute. Now go back and give the poster the CORRECT information.
  9. #9
    wdlsguy is offline Member
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    Now go back and give the poster the CORRECT information.
    What is incorrect about the information I posted?

    I am not a lawyer.
    Last edited by wdlsguy; 06-01-2006 at 09:35 PM.
  10. #10
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by wdlsguy
    What is incorrect about the information I posted?

    I am not a lawyer.
    I know you are not an attorney and that is why giving HALF-answers is just as dangerous as giving wrong answers.

    A holographic will, while valid in texas, not only must be either typewritten or wholely in the testor's own hand, but must have at least one witness, such as a self-proving will which requires that the testor him/herself attest to the fact that the will is his/her last will and testiment and superceedes all other wills.

    OR, if not self-proving, two witnesses must attest to the holographic will.

    HENCE the question how many witnesses?
  11. #11
    wdlsguy is offline Member
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    I know you are not an attorney and that is why giving HALF-answers is just as dangerous as giving wrong answers.
    I would agree, if that were the case.

    A holographic will, while valid in texas, not only must be either typewritten or wholely in the testor's own hand, but must have at least one witness, such as a self-proving will which requires that the testor him/herself attest to the fact that the will is his/her last will and testiment and superceedes all other wills.

    OR, if not self-proving, two witnesses must attest to the holographic will.
    That isn't what the actual law says:

    "Every last will and testament, except where otherwise provided by law, shall be in writing and signed by the testator in person or by another person for him by his direction and in his presence, and shall, if not wholly in the handwriting of the testator, be attested by two or more credible witnesses above the age of fourteen years who shall subscribe their names thereto in their own handwriting in the presence of the testator."

    - Texas Probate Code 59

    Sounds to me like there is an exception to the requirement for witnesses in the case of handwritten wills.

    I am not a lawyer.
  12. #12
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by wdlsguy
    I would agree, if that were the case.



    That isn't what the actual law says:

    "Every last will and testament, except where otherwise provided by law, shall be in writing and signed by the testator in person or by another person for him by his direction and in his presence, and shall, if not wholly in the handwriting of the testator, be attested by two or more credible witnesses above the age of fourteen years who shall subscribe their names thereto in their own handwriting in the presence of the testator."

    - Texas Probate Code 59

    Sounds to me like there is an exception to the requirement for witnesses in the case of handwritten wills.

    I am not a lawyer.
    Listen you damn fool, learn to actually read what you write. SIGNING is testiment under law to the purpose and legality of the will. Under law, it is witness to the contents of the will.

    Do yourself a favor and learn how to read.
  13. #13
    wdlsguy is offline Member
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    Listen you damn fool, learn to actually read what you write.
    My reading comprehension is just fine, thank you. It seems a certain lawyer's ego has been bruised by having his butt kicked by a non-lawyer. Too bad the black letter law doesn't back up your position. I'm through with you.
  14. #14
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by wdlsguy
    My reading comprehension is just fine, thank you. It seems a certain lawyer's ego has been bruised by having his butt kicked by a non-lawyer. Too bad the black letter law doesn't back up your position. I'm through with you.
    you had better be 100% correct on each and every answer you post here from this point on. Otherwise, you will go the way of other wannabes...
  15. #15
    BlondiePB is offline Senior Member
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    Quote Originally Posted by BelizeBreeze
    I know you are not an attorney and that is why giving HALF-answers is just as dangerous as giving wrong answers.
    Which is typical of his answers.
    Originally Posted by BelizeBreeze
    you had better be 100% correct on each and every answer you post here from this point on. Otherwise, you will go the way of other wannabes...

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