QUESTION
What should we do if my aunt presented a sheet of paper that is now being considered as a holographic will after not agreeing to sell my father’s land
Asked on Dec 02nd, 2012 on Estate Planning - Michigan
More details to this question:
My father died 6-2-12. Initially my aunt asked us to sell it to her. I have text messages from her asking us to sell/give her my father's land.
16 ANSWERS
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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See an attorney right away.
Answered on Apr 11th, 2013 at 1:54 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Challenge the will. Holographic wills are not valid in Oregon (may be valid if signed in a state that recognizes holographic wills).
Answered on Dec 05th, 2012 at 1:12 PM
Does the piece of paper have the signatures of 2 not interested witnesses? Oregon does not recognize holographic Wills without witnesses.
Answered on Dec 05th, 2012 at 1:11 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain yourself probate counsel to probate the estate by administration so the land goes to the rightful heirs as governed by state law; the holographic will seems to be phony basis for a claim as to who is entitled to distribution of the proceeds from a sale of the land. If a probate administration is already, file a creditors claim into the action immediately so a court hearing can be had on your claim.
Answered on Dec 05th, 2012 at 1:09 PM
You should consult a probate attorney to review the "will" and your options concerning the property. If undue influence or incompetence are an issue then the will would be ruled null and void.
Answered on Dec 05th, 2012 at 1:08 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This is not the kind of question that can be addressed in a forum like Q & A. You need to sit down with a lawyer face to face and share ALL of the facts of your situation. There are a number of issues involved, not the least of which are the authenticity and validity of the alleged Will. You need someone to review the documents and analyze this for you. Best of luck to you! It sounds like you are in for a long and expensive battle.
Answered on Dec 04th, 2012 at 12:39 PM
Elder Law Attorney serving Savannah, GA
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Elder Law Office of Mark Schaefer PC
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Holographic wills are not valid in Georgia. To be a valid will, it must be signed by the testator and be witnessed by two persons who do not inherit anything under the will.
Answered on Dec 04th, 2012 at 12:39 PM
Go to probate court - file a complaint - challenge the will - and ask for injunctive order or protective order from the court to prevent the transfer of title until the matter is resolved.
Answered on Dec 04th, 2012 at 12:09 PM
You will need to contest the Will.
Answered on Dec 04th, 2012 at 12:08 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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I believe the court will view this holographic will very poorly. Your aunt will need some pretty convincing evidence to support her "finding" this holographic will. Who were the witnesse.
Answered on Dec 04th, 2012 at 12:07 PM
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You do not address how the property is titled, if a probate is open of your father's estate, or even if one is necessary. That being said you should schedule a consultation with an attorney in the area where your father resided to determine your rights, if any.
Answered on Dec 04th, 2012 at 12:07 PM
Assuming your state recognizes holographic wills, you can challenge the disposition of your father's estate in probate court.
Answered on Dec 04th, 2012 at 12:06 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You need to gear up for a will contest, if you believe that the will is not legitimate. If it is a fraud, and has been presented to the court, you will need a handwriting expert to prove your case. If it is a hoax, this woman is going to stop at nothing to get her way.
Answered on Dec 04th, 2012 at 12:06 PM
Elder Law Attorney serving Auburn Hills, MI
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Byers & Goulding, P.L.C.
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In order for the document to have any legal affect, your aunt will need to file a petition with the probate court to admit the holographic will into probate.
Answered on Dec 04th, 2012 at 12:06 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Holographic wills are not valid in Illinois.
Answered on Dec 04th, 2012 at 12:06 PM
If the holographic will is valid, it will control the disposition of the estate.You can try to contest the will as not being valid.Consult with an attorney if there are indications that the will is not in your father's handwriting or there are other issues..
Answered on Dec 04th, 2012 at 12:05 PM