Texas Spousal
Testamentary
Special Needs
Trust

The testator (the person or people who will be signing the Spousal Testamentary Special Needs Trust) must be at least 18 years old with one of these valid (can’t be expired) U.S government forms of photo identification which can be a U.S driver’s license, U.S passport, U.S state identification card, U.S License To Carry (LTC) card, or a U.S military/uniformed services ID card to show a Texas notary public. 

The testator must be of sound mind (be fully conscious and lucid as well as capable of reasoning and making autonomous decisions), not be forced or deceived into signing the Spousal Testamentary Special Needs Trust, and have the intention to pass on property at death.

It’s ok if someone, because of injury, trauma, or illness, can’t physically sign their full legal name. A personal mark of some sort made by the testator in front of a Texas notary public will legally suffice in extreme physical impairment situations.

A Spousal Testamentary Special Needs Trust must be signed by the testator or another person at his or her direction and in his or her presence.

A Spousal Testamentary Special Needs Trust, by Texas law, must be attested by two witnesses (the notary public cannot legally be one of the two witnesses in Texas) that are at least 18 years old and are considered non-interested third parties.

Meaning the two witnesses cannot be a named beneficiary, be married or directly related to a beneficiary or be mentioned in any capacity in the Spousal Testamentary Special Needs Trust they are witnessing.

Witnesses must have a valid (can’t be expired) U.S government photo identification card which can be a U.S driver’s license, U.S passport (it cannot be a foreign passport or Visa), U.S state identification card (any U.S state), License To Carry (LTC) or a U.S military photo ID card to show a Texas notary public and they must sign in the presence of the testator.

In the State of Texas a licensed Texas notary public must be present at a Spousal Testamentary Special Needs Trust signing to verify the identities of all parties (Trust signors and the two adult witnesses) involved and witness the testator signing all the legal document paperwork that is included in the Spousal Testamentary Special Needs Trust.

It is extremely important to make some type of Will or a Trust if you want to control the distribution of your estate.

If you die before you make a Texas Will or Texas Trust you are said to have died “intestate”, and your property will be distributed according to strict Texas probate laws. 

Mobile Austin Notary always recommends to consult with a lawyer, certified public accountant, and/or an estate, probate, or financial planner before you try to create or execute a Texas Spousal Testamentary Special Needs Trust for your family, business or for yourself.