AIDS and the Law Page: 16 of 24
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AIDS AND THE -AW
dren. If you have always been single, your property will go to your
parents (if living) in equal shares. With a will, you can divide your
property any way you wish, and give it to anyone you want. In addition,
your will can appoint the guardian of your minor children or can estab-
lish trusts. No matter who you want to receive your property, it will be
easier and less expensive for them if you leave a will. "
Can my will be contested?
It is always possible that a will may be contested, although it is an
expensive and time-consuming process. It is best to consult an attorney,
so that your will contains all the proper requirements and so that you
can try to anticipate and defend against a possible will contest. It is also
best to make your will while you are healthy. If you wait until you are
very sick or even near death, your will is easier to challenge. You should
tell your lawyer if your family is likely to contest your will, or if they are
hostile to your lifestyle or your loved ones.
Can I write my own will?
In theory, anyone can write his or her own will if: (1) it is wholly in that
person's handwriting or (2) it is witnessed by two witnesses. However, to
be sure that your will contains all of the requirements of the laws of the
State of Texas, it is advisable to consult an attorney. Making a simple
will with an attorney is often inexpensive, and many AIDS-legal assis-
tance programs can assist with wills and other probate paperwork at no
cost to qualified clients. If you need a simple will and your local AIDS
service agency does not provide this service, you can contact the Texas
Human Rights Foundation for an attorney referral.
What if I change my mind after I have signed my will?
You can sign a new will at any time; the new will revokes any prior wills.
In addition, amendments to your will can be made. If you want to change
your will, do not try to do so by making handwritten notations after you
have signed it and it has been properly witnessed. Instead, you should
execute a new will or a codicil with the help of an attorney.PAGE 16
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AIDS and the Law, pamphlet, Date Unknown; (https://texashistory.unt.edu/ark:/67531/metadc1457499/m1/16/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Special Collections.