Bandera, TX Estate Planning Law Firms & Lawyers

It is difficult to answer a question like this without more complete information about the estate, and how the land will transfer in the first place. If your mother passed in July of 2013, you should still have time to "disclaim" your share of the land that might do what you want, but more information about the family is needed. You could simply deed your portion to your brother, but first you need to make sure that you are properly in title to the land, and this approach might involve a need at least to file a gift tax return. Honestly, it's land it must have enough value that it's worth hiring a lawyer to make sure things are done correctly.

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.