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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 44547
Experience:  17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My girlfriend died recently and she did not leave an

Customer Question

My girlfriend died recently and she did not leave an official will but wanted me to have all her possessions if she died. how do i make this official?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Houston, Texas
JA: What documents or supporting evidence do you have?
Customer: I have both of her house deeds and the paper she wrote say she would leave her things with me but the paper she wrote on is just regular paper.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am currently out of work and our funds were very low. I was wondering if this would cost me much?
Submitted: 12 months ago.
Category: Legal
Expert:  Barrister replied 12 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Did she write out the letter entirely in her own handwriting and sign and date it?

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Does she have any children or other family?

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thanks

Barrister

Customer: replied 12 months ago.
Its in her writing yes but she did not date it. We did not have any children. Her closest family members are her half bother, and grandparent. As well as her aunt.
Expert:  Barrister replied 12 months ago.

Ok, then this could be considered to be a "holographic will". A holographic will is a handwritten will. In order to be valid in Texas, a holographic will must be wholly in the handwriting of the testator and signed by him or her.

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A holographic will can be written on anything, including stationery, and does not have to be signed by witnesses. However, it is still necessary for the testator to have testamentary capacity and intent at the time he or she signs the will.

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So as long as it is in her handwriting and is signed, you can file a probate case and be appointed Administrator of the estate so as to settle the estate and eventually transfer all assets to yourself once all debts have been paid.

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TX does require that someone have an attorney assisting, so you would need to hire a local probate attorney to help.

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thanks

Barrister