QUESTION
Will an unsigned will be honored rather than an enveloped signed by my father?
Asked on Nov 16th, 2013 on Estate Planning - California
More details to this question:
My father died and left me an envelope that says on the front, open when I have died, and his signature on it. He also has a will with my stepmother, and it is unsigned. Which is going to be honored?
11 ANSWERS
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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I am not sure I understand your question about the envelope. But I can say that an unsigned will is not a valid will. It would not control how the estate's assets are distributed.
Answered on Nov 20th, 2013 at 2:16 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Neither would operate in Oregon as a valid testamentary transfer. A will must be signed by the testator in the presence of two witnesses, who then have to sign the will saying that they witnessed.
Answered on Nov 19th, 2013 at 5:04 PM
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The unsigned will has NO legal effect. You would have to have the one in the envelope reviewed by an attorney to see if it is a valid will.
Answered on Nov 19th, 2013 at 5:04 PM
Based only on the facts in your question, neither one will be honored. A document to dispose of property at death must be witnessed in a formal way by 2 witnesses. There may be an argument that a trust was created by one or both of these, but it will be difficult to prove.
Answered on Nov 19th, 2013 at 5:04 PM
An unsigned will is not valid. The signed letter may be valid, depending on if the state in which he resides allows for holographic wills.
Answered on Nov 19th, 2013 at 5:03 PM
In California, the unsigned Will is of no effect; it will not be honored as his Will. But if the document inside the envelope is also unsigned, it should likewise have no effect. The signature on the envelope is not sufficient. In California half of his property is community property, unless it originally was private property and kept that way, and would go to your stepmother. The other half would go as the properly executed Will directs [must all be in his handwriting and signed if no witness signatures, or otherwise signed by at least two witnesses].
Answered on Nov 19th, 2013 at 5:03 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Not being able to see the documents, neither document will be accepted by the court.
Answered on Nov 19th, 2013 at 5:03 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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That will be up to the judge. Testimony will be allowed as to your father's intent. You would be best served to consult with an attorney to make sure your interests are protected, to the extent possible.
Answered on Nov 19th, 2013 at 5:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I strongly suspect the signed will shall prevail.
Answered on Nov 19th, 2013 at 5:03 PM
Edwin K. Niles
An unsigned will is not valid.
Answered on Nov 19th, 2013 at 5:02 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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An unsigned Will is nothing. Only a signed Will, and if printed, properly witnessed is effective. If there is no Will, then you have to proceed with an intestate probate.
Answered on Nov 19th, 2013 at 5:02 PM