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    <title type="text">Warren &amp; Kazen Law, PLLC</title>
    <subtitle type="text">Warren &#38; Kazen Law, PLLC</subtitle>

    <updated>2026-07-17T16:10:11Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Warren &amp; Kazen Law, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Warren &#038; Kazen Law, PLLC: Planning for Excellence in Estate and Probate Law]]></title>
            <link rel="alternate" type="text/html" href="https://www.warrenkazen.com/blog/2026/05/warren-kazen-law-pllc-planning-for-excellence-in-estate-and-probate-law/" />
            <id>https://www.warrenkazen.com/?p=254029</id>
            <updated>2026-05-14T09:58:51Z</updated>
            <published>2026-05-14T05:18:31Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Planning for Excellence Guided by integrity and a client-centered approach, Warren & Kazen Law, PLLC, is dedicated to protecting each client’s legacy. One of the nice things about being a smaller, boutique firm is that we’re really able to give each client our full attention,” says attorney Gregory S. Kazen. “It’s incredibly stressful to navigate the complex process of settling…]]></summary>
			                <content type="html" xml:base="https://www.warrenkazen.com/blog/2026/05/warren-kazen-law-pllc-planning-for-excellence-in-estate-and-probate-law/"><![CDATA[<img class="alignnone wp-image-254032 size-medium" src="/wp-content/uploads/sites/1203803/2026/05/attr0-300x291.jpg" alt="Photo of Attorneys Jessica Warren &amp; Greg Kazen" width="300" height="291" />

Planning for Excellence Guided by integrity and a client-centered approach, <strong>Warren &amp; Kazen Law, PLLC</strong>, is dedicated to protecting each client’s legacy.

One of the nice things about being a smaller, boutique firm is that we’re really able to give each client our full attention,” says attorney Gregory S. Kazen. “It’s incredibly stressful to navigate the complex process of settling someone’s estate while you’re still grieving their loss. We are mindful of what they’re going through.”

Located in the heart of Austin, with a second location in Dripping Springs, Warren &amp; Kazen Law, PLLC, helps clients safeguard their legacies through personalized estate planning and probate guidance. The firm has decades of hands-on experience in a wide range of estate-related matters, from crafting asset-protecting wills to finding creative ways to resolve complicated family disputes.

“We’re very focused on the needs of our clients,” says attorney Jessica Warren. “We’re able to make accommodations for them. This degree of highly personalized, one-on-one service is only possible because we’re a small team with a lot of expertise. Our clients are counting on us to be their guiding light in dark times.”

This client-driven approach has earned Warren &amp; Kazen Law a wealth of glowing testimonials and five-star online reviews. Clients regularly cite the firm’s experience, patience, and knowledge in handling a wide range of emotionally delicate matters. In addition to providing solid legal counsel, the team at Warren &amp; Kazen Law actually listens to what their clients have to say.

“Our job is to understand our clients’ needs and to translate those needs into the appropriate legal framework,” Warren says. “Listening to the client is a critical first step.”
<h2>A Professional Approach</h2>
“On the estate planning side, our first priority is to ensure that the client’s family is protected in the event of their incapacity or death,” says Warren. “There’s much more to it than simply deciding who inherits their property. Who makes decisions for them if they are in a coma? Who becomes the guardian of their kids? Who will manage their financial matters? A wellcrafted estate plan will cover all of the bases, giving the client real peace of mind.”

The firm works closely with clients to develop a comprehensive strategy for every eventuality—from establishing trusts and wills to powers of attorney and transfer on death deeds—identifying appropriate solutions to a client’s unique circumstances. This includes taking a proactive approach to tax planning and asset protection, ensuring that beneficiaries receive their fair share of the estate.

“Everyone should have an estate plan,” Warren says. “We’re trying to make the process of creating one as simple and as efficient as possible for our clients.”

Not every estate is easily settled, however, particularly when there are conflicts between the beneficiaries, creditors, and other claimants. Deciding how the estate will be administered falls to the court, with the complex and confusing probate process sometimes taking years of hearings to fully resolve. With the right legal team, however, the probate process can become much smoother.

“We’re able to simplify the probate process,” Kazen says. “We know how to work with the courts and how to use the right procedures and strategies to get the best results for our clients.”

<strong><a href="/wp-content/uploads/sites/1203803/2026/05/1225Warren_asi.pdf" target="_blank" rel="noopener" data-wpel-link="internal">Read More</a></strong>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Warren &amp; Kazen Law, PLLC</name>
				            </author>
            <title type="html"><![CDATA[5 estate plan moves Texas newlyweds should make]]></title>
            <link rel="alternate" type="text/html" href="https://www.warrenkazen.com/blog/2026/05/5-estate-plan-moves-texas-newlyweds-should-make/" />
            <id>https://www.warrenkazen.com/?p=254025</id>
            <updated>2026-05-06T08:25:47Z</updated>
            <published>2026-05-06T08:25:47Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Many people who are getting married focus heavily on the wedding, reception and honeymoon. They likely won’t think about handling estate planning matters right away, but that could be a critical oversight.  Marriage comes with legal and financial changes that need to be addressed. Estate planning documents are one of the ways to do that. Establishing the estate plan after…]]></summary>
			                <content type="html" xml:base="https://www.warrenkazen.com/blog/2026/05/5-estate-plan-moves-texas-newlyweds-should-make/"><![CDATA[<span style="font-weight: 400">Many people who are getting married focus heavily on the wedding, reception and honeymoon. They likely won’t think about handling estate planning matters right away, but that could be a critical oversight. </span>

<span style="font-weight: 400">Marriage comes with legal and financial changes that need to be addressed. Estate planning documents are one of the ways to do that. Establishing the estate plan after the wedding can help to ensure that everything is in order. These five </span><a href="https://smartasset.com/financial-advisor/estate-planning-for-married-couples" data-wpel-link="external" target="_blank" rel="noopener noreferrer"><span style="font-weight: 400">estate plan moves</span></a><span style="font-weight: 400"> can benefit Texas newlyweds:</span>
<h2><span style="font-weight: 400">1: Create a will</span></h2>
<span style="font-weight: 400">A will names who will receive property after you pass away, but there are other decisions that must be included. One of these is the person who will handle your estate, which is a major responsibility. </span>
<h2><span style="font-weight: 400">2: Review beneficiary designations</span></h2>
<span style="font-weight: 400">Beneficiary designations dictate who will receive payable on death accounts, life insurance and retirement accounts. These don’t go through the will, so it’s important that you have the documents set at the financial institution. </span>
<h2><span style="font-weight: 400">3: Sign financial powers of attorney</span></h2>
<span style="font-weight: 400">The financial power of attorney gives someone the ability to take care of your finances if you’re unable to. This person will pay your bills, but they can also take care of other tasks like buying and selling property. </span>
<h2><span style="font-weight: 400">4: Prepare healthcare documents</span></h2>
<span style="font-weight: 400">Setting up an advanced directive provides your medical care team with a written set of instructions about your wishes. You should also name someone as your healthcare power of attorney so they can make decisions that aren’t included in your advanced directive. </span>
<h2><span style="font-weight: 400">5: Organize records in a safe place</span></h2>
<span style="font-weight: 400">Estate planning works best if the documents can all be found. Keeping signed wills, powers of attorney documents, advance directives, insurance records, beneficiary designations, deeds, account lists and emergency contacts somewhere that’s safe and accessible is crucial. </span>

<span style="font-weight: 400">Creating a </span><a href="https://www.warrenkazen.com/estate-planning/" data-wpel-link="internal"><span style="font-weight: 400">comprehensive estate plan</span></a><span style="font-weight: 400"> can be challenging, but it’s critical for all newlyweds to ensure they have everything in order. It might be beneficial to work with someone familiar with these matters because they can be complex, particularly if either party was previously married. </span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Warren &amp; Kazen Law, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Inheritance and your kids&#8217; future: A sandwich generation guide]]></title>
            <link rel="alternate" type="text/html" href="https://www.warrenkazen.com/blog/2026/01/inheritance-and-your-kids-future-a-sandwich-generation-guide/" />
            <id>https://www.warrenkazen.com/?p=254021</id>
            <updated>2026-01-27T16:55:58Z</updated>
            <published>2026-01-27T16:55:58Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Balancing the financial needs of aging parents while saving for your children is a hallmark of the sandwich generation. You are likely navigating how to manage a potential inheritance responsibly while facing the rising costs of college. By coordinating these two financial pillars now, you can protect your parents’ legacy and provide your children with a strong start in life.…]]></summary>
			                <content type="html" xml:base="https://www.warrenkazen.com/blog/2026/01/inheritance-and-your-kids-future-a-sandwich-generation-guide/"><![CDATA[Balancing the financial needs of aging parents while saving for your children is a hallmark of the sandwich generation. You are likely navigating how to manage a potential inheritance responsibly while facing the rising costs of college. By coordinating these two financial pillars now, you can protect your parents' legacy and provide your children with a strong start in life.
<h2>Navigating inheritance and education costs</h2>
Many families in Central Texas feel caught between two different life stages. You may be helping your parents with estate plans while looking at shifting education costs.

Recent data for the 2024 to 2025 period shows that Texas in-state tuition increased by 1.33% while private schools rose by 3.06%. Managing an inheritance involves understanding how to structure funds to avoid probate delays.

When you integrate these funds into your financial strategy, you create a stable foundation. For example, some parents move assets into irrevocable trusts with spendthrift provisions. This specific legal structure helps ensure that wealth stays within the family and remains protected from creditors. Standard revocable trusts typically do not offer this same level of asset protection.
<h2>Strategies for the sandwich generation</h2>
Managing these priorities requires a clear look at your long-term goals. You do not have to choose between your parents and your children. Consider these common approaches:
<ul>
 	<li>Reviewing wills to ensure they align with the <a href="https://statutes.capitol.texas.gov/?tab=1&amp;code=ES&amp;chapter=ES.309&amp;artSec=" target="_blank" rel="noopener noreferrer" data-wpel-link="external">Sept. 1, 2025 updates</a> to the Texas Estates Code</li>
 	<li>Using irrevocable trusts to shield assets from creditors</li>
 	<li>Creating savings accounts that can be supplemented by future inheritances</li>
 	<li>Planning for estate administration to use new, streamlined probate rules</li>
</ul>
Taking these steps transforms a complex situation into a manageable plan. When you address these issues early, you reduce the risk of family conflict and ensure assets reach the right people.
<h2>Protect your family legacy</h2>
Recent Texas law updates have simplified the probate process, <a href="https://www.warrenkazen.com/estate-planning/" data-wpel-link="internal">making estate administration more efficient</a>. If you find the intersection of estate planning and education funding to be complex, professional guidance can provide clarity. Consider speaking with an attorney who focuses on high end estate planning to ensure your documents meet your family’s needs.

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Warren &amp; Kazen Law, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Why starting a small business requires an estate plan review]]></title>
            <link rel="alternate" type="text/html" href="https://www.warrenkazen.com/blog/2025/02/why-starting-a-small-business-requires-an-estate-plan-review/" />
            <id>https://www.warrenkazen.com/?p=253969</id>
            <updated>2025-02-18T18:54:03Z</updated>
            <published>2025-02-18T18:54:03Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[There are many times in life when people may consider drafting or reviewing their estate plans. Often, the events that inspire people to think about their loved ones and their legacies are personal. People create estate plans when they get married or become parents. They review and update their documents when they divorce or when a loved one dies. Making…]]></summary>
			                <content type="html" xml:base="https://www.warrenkazen.com/blog/2025/02/why-starting-a-small-business-requires-an-estate-plan-review/"><![CDATA[There are many times in life when people may consider drafting or reviewing their estate plans. Often, the events that inspire people to think about their loved ones and their legacies are personal. People create estate plans when they get married or become parents. They review and update their documents when they divorce or when a loved one dies.

Making major career moves can also trigger estate planning in some cases. People frequently review and update their documents as they prepare for retirement. Individuals starting small businesses or professional practices may need to create or update an estate plan to protect themselves, their loved ones and the business they intend to start.
<h2>Families may fight over a business</h2>
Valuable assets can tear families apart when someone dies. Previously close family members may end up fighting tooth and nail over the ownership interest in a business or professional practice. They might even initiate probate litigation in the hopes of gaining control of the company.

Estate planning is therefore important for the protection of family relationships. By designating a beneficiary to <a href="https://smartasset.com/financial-advisor/estate-planning-business-owners" data-wpel-link="external" target="_blank" rel="noopener noreferrer">inherit the company</a> or transferring it to a trust for a trustee to manage, the party starting the business can prevent conflicts.
<h2>People need protection from failed businesses</h2>
While families may fight over a successful business, the entrepreneur may face legal challenges if the company fails. Creditors, people who blame the business for their injuries or even employees might sue if the business fails.

Depending on the business structure and any financial commingling that occurred, plaintiffs and creditors can sometimes try to lay claim to the assets or future income of the business owner. Prior planning, including moving assets to a trust, can help protect resources in the event of a business failure.
<h2>Succession plans protect the company</h2>
Everyone who works for the company or otherwise depends on the business could be in a difficult situation when the owner dies or has a medical emergency. In addition to addressing ownership in the estate plan itself, the business owner may want to create a succession plan. They can identify candidates to take over their role, explain what training they may need and describe their daily responsibilities at length.

People who create and regularly update <a href="https://www.warrenkazen.com/estate-planning/" data-wpel-link="internal">their estate plans</a> can help protect themselves and their loved ones from all kinds of challenges. Those starting a business may need to establish an estate plan or update their existing documents because of their new economic activities.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Warren &amp; Kazen Law, PLLC</name>
				            </author>
            <title type="html"><![CDATA[How testators can address their residuary estates]]></title>
            <link rel="alternate" type="text/html" href="https://www.warrenkazen.com/blog/2025/01/how-testators-can-address-their-residuary-estates/" />
            <id>https://www.warrenkazen.com/?p=253964</id>
            <updated>2025-01-21T20:48:42Z</updated>
            <published>2025-01-21T20:48:42Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Many people approach estate planning with the goal of maximizing their legacy. They want to ensure that as much of their property as possible passes to specific individuals. For others, the main concern is the protection of dependent family members. Those with young children, for example, often go to great lengths to ensure they have support if anything happens to…]]></summary>
			                <content type="html" xml:base="https://www.warrenkazen.com/blog/2025/01/how-testators-can-address-their-residuary-estates/"><![CDATA[Many people approach estate planning with the goal of maximizing their legacy. They want to ensure that as much of their property as possible passes to specific individuals. For others, the main concern is the protection of dependent family members.

Those with young children, for example, often go to great lengths to ensure they have support if anything happens to them. In both scenarios, the focus is often on naming trustworthy people to positions of authority and addressing the most valuable assets owned by the testator.

People sometimes make the mistake of ignoring their residuary estates. That oversight may lead to significant conflict among their beneficiaries and protracted probate proceedings.
<h2>What is a residuary estate?</h2>
The personal representative overseeing estate administration has to follow state law and the instructions provided by the decedent. They identify and create a comprehensive list of all of the assets that belong to the decedent.

They communicate with creditors and handle financial obligations. The personal representative may need to liquidate certain estate assets to repay creditors and cover tax obligations. They may then distribute specific assets in accordance with the instructions provided by the testator.

What remains after the completion of those steps is <a href="https://www.nerdwallet.com/article/investing/estate-planning/residuary-estate" data-wpel-link="external" target="_blank" rel="noopener noreferrer">the residuary estate</a>. The residuary estate often contains sundry personal assets such as furniture, clothing and kitchenware. People overlook these assets because they do not represent the same value as real property, vehicles and other high-value assets.
<h2>What can testators do with their residuary estates?</h2>
There are three different solutions people commonly employ for addressing their residuary estates. Some people instruct the personal representative of their estate to conduct an estate sale. They attempt to sell whatever remains after the main property distribution process is complete and can then distribute the proceeds of those sales in accordance with the testator's instructions.

Sometimes, testators leave instructions to donate their residuary estates. Charitable organizations that provide support for indigent people, for example, are often happy to accept donations of housewares, furniture and clothing.

Testators can also name a specific beneficiary to inherit the residuary estate. While personal property may not seem as important as real property and financial resources, residuary estates can represent tens of thousands of dollars in financial value.

<a href="https://www.warrenkazen.com/estate-planning/" data-wpel-link="internal">Creating a thorough estate plan</a> often involves addressing minor assets, major assets and possible complications. The residuary estate is one of many estate planning issues that people may overlook when they do not have the proper support when creating or updating an estate plan.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Warren &amp; Kazen Law, PLLC</name>
				            </author>
            <title type="html"><![CDATA[3 estate planning moves to make when facing medical challenges]]></title>
            <link rel="alternate" type="text/html" href="https://www.warrenkazen.com/blog/2024/12/3-estate-planning-moves-to-make-when-facing-medical-challenges/" />
            <id>https://www.warrenkazen.com/?p=253961</id>
            <updated>2024-12-24T01:16:14Z</updated>
            <published>2024-12-24T01:16:14Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Certain life experiences force people to acknowledge their vulnerability. Becoming a parent or starting a business can inspire people to establish estate plans. For others, negative experiences are what force them to consider the future. Receiving bad news from health care professionals can sometimes make people consider their mortality and future vulnerability. Individuals diagnosed with chronic illnesses, progressive medical conditions…]]></summary>
			                <content type="html" xml:base="https://www.warrenkazen.com/blog/2024/12/3-estate-planning-moves-to-make-when-facing-medical-challenges/"><![CDATA[Certain life experiences force people to acknowledge their vulnerability. Becoming a parent or starting a business can inspire people to establish estate plans. For others, negative experiences are what force them to consider the future.

Receiving bad news from health care professionals can sometimes make people consider their mortality and future vulnerability. Individuals diagnosed with chronic illnesses, progressive medical conditions and terminal maladies may need to establish estate plans if they have not already drafted wills. They may also decide that they want to update documents they previously drafted to better reflect their current circumstances. What estate planning moves are common among those facing major medical challenges?
<h2>1. Preparing for indefinite incapacity</h2>
Anyone facing major medical challenges has to consider the possibility of an incapacitating incident in the future. They could end up in a coma or unable to speak for themselves.

People often draft durable powers of attorney when facing medical hardship. Durable powers of attorney can help ensure that a trustworthy person can make medical decisions and handle financial matters on their behalf should something major happen.
<h2>2. Clarifying medical wishes</h2>
<a href="https://www.hhs.texas.gov/formas/advance-directives" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Advance medical directives</a> or living wills are also important for those facing significant medical issues. They can provide statements regarding their care preferences.

Issues such as pain management and life support can be difficult for family members to address without direct information provided by the vulnerable person. People who take the time to outline their personal wishes can reduce how difficult it is for others to manage their medical care.
<h2>3. Reviewing beneficiary designations</h2>
Recognizing that life is about to change or end can lead people to think about their legacy very carefully. They may want to reallocate their assets or add certain beneficiaries to their estate plans. In some cases, they may even choose to remove people previously included as beneficiaries because of a change in the relationship they have with those people.

Creating an <a href="https://www.warrenkazen.com/estate-planning/" data-wpel-link="internal">estate plan</a> that reflects current relationship circumstances and personal holdings can help people leave a meaningful legacy when they die. Major medical issues can be a compelling reason to revisit and update an estate plan. Living and testamentary documents often require modifications when people's circumstances change. Adults facing medical challenges may need to review their existing estate planning paperwork.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Warren &amp; Kazen Law, PLLC</name>
				            </author>
            <title type="html"><![CDATA[What are the witness requirements for a valid will?]]></title>
            <link rel="alternate" type="text/html" href="https://www.warrenkazen.com/blog/2024/11/what-are-the-witness-requirements-for-a-valid-will/" />
            <id>https://www.warrenkazen.com/?p=253959</id>
            <updated>2024-11-19T21:46:28Z</updated>
            <published>2024-11-19T21:46:28Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[People can achieve many of their estate planning goals with a will. Wills allow people to choose personal representatives to oversee estate administration and carry out their last wishes. Wills also provide parents with an opportunity to designate a guardian to care for their children. People can also make clear beneficiary designations in a will to ensure that specific people…]]></summary>
			                <content type="html" xml:base="https://www.warrenkazen.com/blog/2024/11/what-are-the-witness-requirements-for-a-valid-will/"><![CDATA[People can achieve many of their estate planning goals with a will. Wills allow people to choose personal representatives to oversee estate administration and carry out their last wishes. Wills also provide parents with an opportunity to designate a guardian to care for their children. People can also make clear beneficiary designations in a will to ensure that specific people inherit their personal assets.

Wills are popular testamentary instruments, but they must meet statutory requirements to hold up in probate court after an individual dies. The person creating the will needs to be a legal adult with testamentary capacity. The document itself also needs to meet certain specific standards. For example, in addition to including the right language, a will also requires witness signatures.
<h2>Why are witnesses necessary?</h2>
Testamentary instruments affect the disposition of valuable property. As such, there are those who might have an incentive to engage in fraud and other forms of misconduct.

Witnesses help ensure that the testator is the person who drafted and signed the document. They can confirm that there was no one else threatening the testator and that they appeared to be of sound mind at the time of the document signing.

Witnesses can help settle disagreements about estate plans in scenarios where there are questions about the validity of the documents, the influence of outside parties or the state of mind of the testator at the time of signing.
<h2>What witnesses are necessary?</h2>
Contrary to what some people assume, valid wills do not require notarization. Instead, they require the signatures of <a href="https://statutes.capitol.texas.gov/Docs/ES/htm/ES.251.htm" data-wpel-link="external" target="_blank" rel="noopener noreferrer">two credible witnesses</a>. Those witnesses need to be 14 years of age or older. Ideally, they should not have a direct interest in the estate, although state law does not prohibit beneficiaries from acting as witnesses.

The best witnesses are legal adults who do not stand to inherit from the estate and who therefore do not have any conflict of interest regarding the terms established in the estate plan. An attorney assisting a testator with the creation of a will can potentially help them with the selection of witnesses as well.

Learning about the rules that govern <a href="https://www.warrenkazen.com/estate-planning/" data-wpel-link="internal">estate planning</a> can help facilitate the creation of effective and legally-compliant documents. Witnesses are among the various requirements that testators need to meet to draft enforceable wills.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Warren &amp; Kazen Law, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Who has to sign a will for it to be valid in Texas?]]></title>
            <link rel="alternate" type="text/html" href="https://www.warrenkazen.com/blog/2024/10/who-has-to-sign-a-will-for-it-to-be-valid-in-texas/" />
            <id>https://www.warrenkazen.com/?p=253951</id>
            <updated>2024-10-22T10:06:30Z</updated>
            <published>2024-10-22T10:06:30Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[A will is often the cornerstone of a Texas estate plan. People can use their wills to appoint an individual to serve as their personal representative, designate beneficiaries to receive certain assets from their estates and name a guardian to care for their children. Therefore, wills are often subject to intense scrutiny, especially when people disagree about some of their…]]></summary>
			                <content type="html" xml:base="https://www.warrenkazen.com/blog/2024/10/who-has-to-sign-a-will-for-it-to-be-valid-in-texas/"><![CDATA[A will is often the cornerstone of a Texas estate plan. People can use their wills to appoint an individual to serve as their personal representative, designate beneficiaries to receive certain assets from their estates and name a guardian to care for their children.

Therefore, wills are often subject to intense scrutiny, especially when people disagree about some of their contents. In some cases, people who expect to inherit from an estate can successfully challenge the will an individual drafted before they died.

Will contests may focus on an individual's mental capacity or the influence of outside parties. They may also arise in cases where there are questions about compliance with the law. One of the claims people may make about a will is that it lacks the proper signatures for legal validity.

Who needs to sign a will for the courts to uphold it in Texas?
<h2>The testator must sign</h2>
The person is drafting a will have to sign the document. This is true both in cases involving wills handwritten by the testator and printed documents drafted by an attorney. Usually, the testator needs to physically sign the paperwork themselves. However, in cases where medical issues or physical limitations prevent someone from signing the document, they may be able to arrange for an agent to sign the document on their behalf.
<h2>Witness signatures are also necessary</h2>
There is a strong incentive for people to take advantage of those with declining cognitive capabilities or to engage in fraud when an individual has valuable property in their name. Therefore, Texas statutes require the <a href="https://statutes.capitol.texas.gov/Docs/ES/htm/ES.251.htm" data-wpel-link="external" target="_blank" rel="noopener noreferrer">presence of witnesses</a> to affirm the validity of an estate plan. The testator must either sign the document in front of two witnesses who are at least 14 years old or clearly attest to previously signing the document to the witnesses who then sign the will. Notarization is not necessary for the will to be valid, but witness signatures are a crucial element of any testamentary instrument in Texas.

Partnering with the right professionals during the <a href="https://www.warrenkazen.com/estate-planning/" data-wpel-link="internal">estate planning process</a> can help people avoid mistakes and oversight that could later lead to the invalidation of their documents. A valid will with the right signatures can protect an individual's legacy and their dependent family members.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Warren &amp; Kazen Law, PLLC</name>
				            </author>
            <title type="html"><![CDATA[This sneaky estate planning move could invalidate a Texas will]]></title>
            <link rel="alternate" type="text/html" href="https://www.warrenkazen.com/blog/2024/09/this-sneaky-estate-planning-move-could-invalidate-a-texas-will/" />
            <id>https://www.warrenkazen.com/?p=253947</id>
            <updated>2024-09-17T12:43:51Z</updated>
            <published>2024-09-17T12:43:51Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[People create estate plans to support their loved ones, clarify their wishes and leave a lasting impression on others. The terms of a Texas estate plan are often unique and depend on the relationships that the testator has with various parties. Sometimes, people putting together estate plans are proactive about transparency. They communicate with their loved ones about what they…]]></summary>
			                <content type="html" xml:base="https://www.warrenkazen.com/blog/2024/09/this-sneaky-estate-planning-move-could-invalidate-a-texas-will/"><![CDATA[People create estate plans to support their loved ones, clarify their wishes and leave a lasting impression on others. The terms of a Texas estate plan are often unique and depend on the relationships that the testator has with various parties.

Sometimes, people putting together estate plans are proactive about transparency. They communicate with their loved ones about what they intend to do with their resources after they die. Other times, people might fantasize about achieving a sort of quiet posthumous revenge with the terms that they set.

Some people want to establish estate plans that impose a financial penalty on their immediate family members for prior disputes or issues in the relationship. While doing so can be perfectly legal in some cases, other times, it might lead to the courts setting aside estate planning documents.
<h2>Spouses typically can't disinherit each other</h2>
Some people don't believe in divorce, but they may not be happy in their marriages. Perhaps their spouse cheated or mistreated them. They may hold on to that pain for years. The idea of getting revenge in the future can be a cold comfort for those in unhappy marriages.

However, if one spouse attempts to disinherit the other in a will, the surviving spouse can challenge that decision in the Texas probate courts. As a community property state, Texas has numerous <a href="https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm" data-wpel-link="external" target="_blank" rel="noopener noreferrer">legal protections in place</a> for spouses.

The surviving spouse has a clear interest in the estate of the decedent. They are often the primary beneficiaries in cases where people die without estate plans. Wills and other estate planning documents can diminish how much of an estate a spouse receives, but a total disinheritance could lead to questions about the document's validity.

The only scenario in which disinheriting a spouse through an estate plan is likely to work involves a pre-existing marital agreement. If spouses signed prenuptial or postnuptial agreements specifically eliminating spousal property rights under community property statutes, then the choice to disinherit a spouse in a will may not invalidate the document.

People hoping to make drastic estate planning moves often need to learn more about Texas probate statutes before moving forward. Seemingly clever <a href="https://www.warrenkazen.com/estate-planning/" data-wpel-link="internal">estate planning</a> choices can potentially undermine a testator's intentions by invalidating their documents. Those who understand the law can use that information to achieve their legacy goals.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Warren &amp; Kazen Law, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Are video, audio or electronic wills valid in Texas?]]></title>
            <link rel="alternate" type="text/html" href="https://www.warrenkazen.com/blog/2024/08/are-video-audio-or-electronic-wills-valid-in-texas/" />
            <id>https://www.warrenkazen.com/?p=253946</id>
            <updated>2024-08-21T10:39:51Z</updated>
            <published>2024-08-21T10:39:51Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Many forms of modern technology make life safer and can decrease the amount of work necessary for humans. Technological advances have reduced manual labor requirements in various employment sectors and have expanded access to information. People can learn about almost any topic, including the law, with a simple search online. However, the law does not always change as rapidly as…]]></summary>
			                <content type="html" xml:base="https://www.warrenkazen.com/blog/2024/08/are-video-audio-or-electronic-wills-valid-in-texas/"><![CDATA[Many forms of modern technology make life safer and can decrease the amount of work necessary for humans. Technological advances have reduced manual labor requirements in various employment sectors and have expanded access to information. People can learn about almost any topic, including the law, with a simple search online.

However, the law does not always change as rapidly as technology does. People may then find themselves in a situation where their desire to be an early adopter of new technology puts them at legal risk. In the realm of estate planning, there are many technological advances that show real promise for making planning more accessible. Not only can people research estate planning online, but they can use technology to convey their last wishes.

People could create audio or video recordings where they explore their testamentary wishes. They could even draft electronic wills using digital templates. Are electronic wills or wills based on audio or video recordings currently valid and enforceable testamentary instruments in Texas?
<h2>Texas only recognizes written wills</h2>
There are two types of wills generally used in Texas. Many people have wills typed or printed by the lawyers who help them draft the document. They can feel confident that such wills <a href="https://statutes.capitol.texas.gov/Docs/ES/htm/ES.251.htm" data-wpel-link="external" target="_blank" rel="noopener noreferrer">conform to state laws</a>. A much smaller portion of testators create holographic or handwritten wills on their own. Those are the only types of wills that Texas currently recognizes. Even then, holographic wills are subject to unique considerations that are not present in cases involving wills drafted by lawyers.

Electronic or digital wills are typically not valid unless people print them out and then sign them in front of witnesses in accordance with Texas statutes. Audio recordings or video footage are not legal substitutes for written testamentary instruments. Testators could use recordings to supplement their legal documents. However, video footage and audio recordings are not valid testamentary instruments under current Texas statutes.

People who try to create wills on their own without assistance could end up without valid documents to guide their estates. They may be at risk of the courts setting aside the estate plan they created in favor of upholding Texas intestate succession laws.

Understanding Texas requirements for <a href="https://www.warrenkazen.com/estate-planning/" data-wpel-link="internal">valid wills</a> could potentially help people safeguard their legacies and more effectively support their loved ones. Those who partner with lawyers to draft documents typically have less reason to worry about the courts invalidating their testamentary instruments after their passing.]]></content>
						        </entry>
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