Will Lawyers in Austin, Texas
A will is a legal document that specifies how your property and assets should be distributed after your death, who should care for your minor children, and who will manage the process (your executor). Each state has its own requirements for a valid will. An attorney ensures your will is properly drafted, executed, and likely to withstand any challenges.
Will Law in Texas
Texas has its own distinct legal landscape that affects personal injury cases. The state follows a modified comparative fault rule — you can recover damages as long as you are not more than 50% responsible for the incident. Texas also has specific caps on certain types of damages in medical malpractice cases, and a two-year statute of limitations for most personal injury claims.
Key Texas Statutes
- Two-year statute of limitations for personal injury (Texas Civil Practice and Remedies Code, Chapter 16)
- Modified comparative fault — recovery barred if you are 51% or more at fault (Chapter 33)
- Medical malpractice non-economic damage caps of $250,000 per provider, $500,000 for hospitals (Chapter 74)
- Texas is a "fault" state for car accidents — you can file against the at-fault driver
- Employers may opt out of workers' compensation — Texas is the only state that allows this
Common Will Situations in Austin
- Drafting a new will
- Updating an existing will after life changes
- Holographic (handwritten) will review
- Will contests and challenges
- Pour-over wills used with trusts
- Wills involving blended families or complex assets
Frequently Asked Questions
What makes a will valid?
Requirements are set by state law. In Texas, for example, a will must be in writing, signed by the testator, and signed by two credible witnesses at least 14 years old. A self-proving affidavit (notarized) simplifies the probate process. Holographic (handwritten) wills are also valid if entirely in the testator's handwriting and signed.
How often should I update my will?
Review your will after any major life event: marriage, divorce, birth of a child, death of a beneficiary, significant asset changes, or a move to a new state. At minimum, review it every 3-5 years to ensure it still reflects your wishes.
This page is for informational purposes only and does not constitute legal advice. No two situations are the same — consult a qualified attorney for guidance on yours.
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