Mason County, TX Estate Planning Law Firms & Lawyers

The law varies from one state to another. In Texas, for example, a notary's signature is not needed in order for a Will to be valid. You might, however, find a notary's signature appearing on a Self-Proving Affidavit, which is typically attached to a Will. The affidavit can prevent the need for any of the witnesses to the Will to be physically present to offer their testimony in Court when the Will is offered for admission to probate.

Under Utah's family expense statute, the wife, but not the children are responsible for debt incurred by the deceased to provide the "necessaries of life" which include, clothing, food, shelter, and medical care. Any frivolous or other expenditures, the surviving spouse is not reponsible for. However, the Probate Code makes clear that there can be no distribution to heirs until all debts of the decedent are paid. To the extent that distributions of the estate are made to survivors of the deceased when a proper claim has been made against the estate, the personal representative or heirs who receive $ can be hedld liable to the creditor who did not get paid.