I need to revise an old will

[lance77407]

What is the name of your state (only U.S. law)? tx
I am in TX.
many years ago I have a will drawn up in ILL to leave everything to my spouse/
We divorced and he past away in 2008.
I revised my will by crossing out his name and scribbled that I will leave everything to my brother.
Now I am being told scribbling may not work,his brother and his daughter may be able to claim whatever I have /
If so,what should I do?

 

[OHRoadwarrior]

Copy the same will on a word processing program, changing the parts to your new beneficiary/beneficiaries, then sign it and have it witnessed according to TX statute.

 

[Zigner]

Copy the same will on a word processing program, changing the parts to your new beneficiary/beneficiaries, then sign it and have it witnessed according to TX statute.

I like this advice in general, but if the will really is that old, and if the OP has substantial assets (as determined by her, then she may wish to speak to a pro in case there have been changes in the law since the first will was written that may affect things.

 

[latigo]

What is the name of your state (only U.S. law)? tx
I am in TX.
many years ago I have a will drawn up in ILL to leave everything to my spouse/
We divorced and he past away in 2008.
I revised my will by crossing out his name and scribbled that I will leave everything to my brother.
Now I am being told scribbling may not work,his brother and his daughter may be able to claim whatever I have /
If so,what should I do?

You definitely need to revoke and replace your existing will and to do so adhering to the formalities of the signing, witnessing, attestation, notary jurat and seal, etc. (if self-proved) as required under Chapter 251 of the Texas Estate Code.

However, (for numerous complicated reasons unnecessary to explain here) whoever told you that your ex husband's relatives and/or his descendants could benefit from the current will - altered or unaltered - was much mistaken.

But neither could your brother take under the will as it has been altered. The reason being that the changes you made were not present at the time the will was originally executed and witnessed. In other words, your efforts to substituted him in lieu of the ex-husband by interlineations and cursive scribbling fell short of the required formalities and were all for naught.

 

[colourfastt]

I like this advice in general, but if the will really is that old, and if the OP has substantial assets (as determined by her, then she may wish to speak to a pro in case there have been changes in the law since the first will was written that may affect things.

I agree with this especially since the OP stated that the original will was drafted in (and according to the laws of) IL. Since the OP now is a resident of TX a new will should be drafted in accordance with TX law since the OP wishes to make changes to the will.

 

[lance77407]

I like this advice in general, but if the will really is that old, and if the OP has substantial assets (as determined by her, then she may wish to speak to a pro in case there have been changes in the law since the first will was written that may affect things.

thank you all so much,I will go see a lawyer next week.
yes,the will is rather old.