Legal Question in Wills and Trusts in Texas

change one thing on will

In my will I had given my residence and all the belongings to one of my sons. Since then I have moved and

he now is part owner of my home.

Can I delete that part of the will.

I really have nothing to give except

the house and a car.

Asked on 7/16/08, 12:18 pm

2 Answers from Attorneys

Kathryn Perales PMI Oil Tools

Re: change one thing on will

In order to change your will, you must either sign a codicil or a new will, with notary, two witnesses and proper signing ceremony. You cannot just cross out part of a will in Texas - the original language will remain effective.

Depending upon how you worded the gift to your son, you may not need to change your will. If you decide to ask this question again, be more specific about how you worded the gift in your will, and how you want things changed, if at all.

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Answered on 7/16/08, 1:24 pm

Nicholas Dupre Stone and Associates, LLP

Re: change one thing on will

You can change your will via a codicil or if the alteration will significantly change the document, just reexecute the will with the altered provisions. If you still want that son to have the house though, you may want to leave it the way it is - I'm not sure how you all own the house, i.e. right of survivorship or as co-tenants or what. Just something to keep in mind.

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Answered on 7/16/08, 1:49 pm

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