Effort to create free will forms bogs down over wording

Q: Several years ago, you mentioned in an answer that the Texas Supreme Court was working on free, do-it-yourself will forms. What is the status of these forms? I can’t find them.

A: You can’t find them because they don’t exist yet.

In 2015, the Texas legislature passed Senate Bill 512, which stated that “the Supreme Court shall, as the court considers appropriate, promulgate … a simple will form” for married and unmarried persons. You can read the statute at statutes.capitol.texas.gov. Look for Section 22.020 of the Government Code.

A task force of attorneys was appointed by the court to work on the new forms, but it is difficult to create forms that are simple to use, understandable by non-attorneys and work in all possible scenarios.

In a column on Feb. 10, 2016, I said these forms were in the works and should be ready by the end of 2016. Clearly that prediction was overly optimistic.

The statute referenced above was just changed again by the Texas Legislature, and the state Supreme Court is now also tasked with creating a new Transfer on Death Deed form and a new Revocation of Transfer on Death Deed form.

The two statutory forms we have had for several years have both been repealed effective Sept. 1, mainly because the Transfer on Death Deed form was poorly written and difficult to understand. Rather than fix the existing form, the Texas Legislature decided to delegate that project to the Supreme Court.

So, as of Sept. 1, Texas residents will still be able to use Transfer on Death Deeds, but there will be no standard form available. Just like with the statutory will forms, it may be months or years before we have a new Transfer on Death Deed form.

Q: My father died in March, and his estate consists of only one asset, a check from the VA for $1,600 made payable to “Estate of (father’s name).” No bank will cash this check, and my father’s lawyer says it will cost $1,200 to probate his will. With our travel expenses to his hometown, it will cost more than the check to probate his will. Is there a solution?

A: You need to either figure out how to do the probate yourself without a lawyer, or you need to find a lawyer who will do the probate for next to nothing.

Most courts allow people to represent themselves without an attorney, so this is an option if you are resourceful.

Another idea is to call your local office of Lone Star Legal Aid to see if you qualify for free legal help. They might also be able to recommend an attorney who is willing to do the probate for just a few hundred dollars.

The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@lipmanpc.com.