What to Expect

From start to finish, our professional document drafting and signing is as mobile and flexible as you need and the law will allow. Our steps:

All legal consultation is by video/audio conference.
  1. Call, or email us. Explain your needs in your words.
  2. We’ll set up a free, secure video consultation with you. Yes, we do nights and weekends!
  3. Based on your needs, we’ll quote you an all-inclusive price for consultation, drafting and valid execution of your documents. You’ll pay 50% up front via LawPay, using credit card or echeck. We will not accept payment from any person other than the client. After payment, we’ll set a date and time to sign your documents and identify your witnesses.
  4. Your documents are drafted, with open communication and between you and your attorney about clarifications and questions.
  5. Your drafts are shown to you for your approval and questions. A video meeting is held to review the documents prior to your in-person signing.
  6. We execute the documents pursuant to Texas law.* During the pandemic, the signing comes to the client’s front yard or an agreed upon outdoor meeting place. We follow the fullest formalities for your Will with a notary and two witnesses.
  7. You keep your documents. Remember that the original of a Will with a wet ink signature is the only one that can be easily probated.

*UPDATE: During the COVID19 disaster declaration, your Will can be formally signed, notarized and witnessed via video conference for a fully formalized, self-proving Will. We will only execute a Will remotely under the order if it is an emergency for the client. While the Governer’s emergency order negates the need for signers to be in the physical presence of the notary, two witnesses still must be in the “conscious presence” of the testator (person signing the Will) in order for the document to be self proving in court. These two witnesses must observe the Will signing in the “conscious presence” of the testator, but safe distances and quarantines can be maintained with the aid of technology. Ask us for help.

Common Question: Why can’t my witnesses watch me sign remotely?

The Governor’s order on April 8, 2020 did not change the legal requirement in the Texas Estates Code that witnesses be in the “conscious presence” of the testator. “To be within the testator’s presence, the attestation must occur where the testator, unless blind, is able to see it from his actual position at the time, or at most, from such a position as slightly altered, where he has the power readily to make the alteration without assistance. Nichols v. Rowan, 422 S.W.2d 21, 24 (Tex. Civ. App. – San Antonio 1967, writ ref’d n.r.e.).

Homolka Law Firm, PLLC
5535 Memorial Drive, Suite F, #1355
Houston, Texas 77007
Phone: (832) 799-3491
Email: main@amberhomolkalaw.com

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