A Report to the House Judiciary & Civil Jurisprudence Committee From the Texas ATJ Commission

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A Report to the House Judiciary & Civil Jurisprudence Committee From the Texas Access to Justice Commission On the Primary Needs of the Poor in Probate and Estate Matters April 28, 2014

INTRODUCTION There are almost six million Texans who qualify for legal aid, yet legal aid and pro bono programs are only able to help about twenty percent of those with civil legal needs. Significant decreases in funding to legal aid programs from reduced Interest on Lawyer Trust Accounts (“IOLTA”) revenue and federal funding levels, 1 combined with one of the highest poverty rates in the nation, means that that there will be fewer legal aid lawyers to help the growing numbers of poor who need assistance. The Supreme Court of Texas established the Texas Access to Justice Commission (“Commission”) in 2001 to serve as the statewide umbrella organization for all efforts to expand access to justice in civil legal matters for the poor. It is the role of the Commission to assess national and statewide trends on access to justice issues facing the poor, and to develop initiatives that increase access and reduce barriers to the justice system. The Commission is comprised of ten appointees of the Court, seven appointees of the State Bar of Texas, and three ex-officio public appointees. There are three overriding issues that impact low-income Texans with probate and estate matters: access to wills, access to guardianships, and access to the courts for those who must represent themselves without a lawyer. This report will focus on the reasons that these issues are important to our communities and suggest some solutions to these problems. ACCESS TO WILLS Overview of Probate and Alternatives to Probate in Texas Types of Wills To execute a will in Texas, a person must be an adult of sound mind and sign the will in front of two witnesses who are at least 14 years old and who sign their names in the testator’s presence. 2 Texas also recognizes holographic, or handwritten, wills. A 1

Funds generated from IOLTA have decreased from $20 million in 2007 to estimated $4.0 million in 2014. Federal funds have declined from $12.56 per poor person in 1995 to $5.46 per poor person in 2014. 2 Estates Code Sec. 251.001. WHO MAY EXECUTE WILL Under the rules and limitations prescribed by law, a person of sound mind has the right and power to make a last will and testament if, at the time the will is made, the

TAJC Report on Needs of Poor in Probate and Estate Matters

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