QUESTION
Can we use the handwritten letter as a will if we go to court?
Asked on Nov 13th, 2013 on Estate Planning - Nevada
More details to this question:
My grandma passed away and wrote a handwritten letter stating what she wanted done with the estate. No one is saying that it is faked. The caregiver was there at the time of writing the letter. There is five people total in the estate and two people are not going with the letter. There is an old will that is leaving to her children but they are both deceased.
13 ANSWERS
Edwin K. Niles
A holographic will is valid if it is written, dated, and signed by grandma.
Answered on Nov 18th, 2013 at 8:55 AM
3 Awards
Sure, but probating a holographic Will is not usually a straight forward initial petition. First the attorney can identify if it is a valid holographic Will. Second they can assist by preparing the multiple affidavits to accompany the same. I urge you to hire counsel.
Answered on Nov 14th, 2013 at 3:56 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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A letter can be admitted as a Will. It will need to be done through a formal probate proceeding, and a judge will need to decide if the letter qualifies as a Will.
Answered on Nov 14th, 2013 at 6:34 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If grandma died in Oregon, and was in Oregon when she wrote that letter, then it is not enforceable as a will unless two people witnessed her signing it, intending that it be her last will and testament.
Answered on Nov 13th, 2013 at 7:17 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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All you can do is submit it to the court and ask for it to be admitted as the Will. It will be up to the other people to contest as to why it should not be allowed. Talk with a local probate attorney about all of the issues. It may be that the letter does not pass the state's requirements, but you wont' know until you talk with the attorney.
Answered on Nov 13th, 2013 at 7:16 PM
See an attorney. The letter might qualify as an holographic will.
Answered on Nov 13th, 2013 at 7:16 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the services of a probate lawyer toi file a petition into probate court based on the letter as her will, and let the court decide, if the document is a valid will document.
Answered on Nov 13th, 2013 at 7:16 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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It depends on where your grandma lived. In certain states (including California) a handwritten letter can be a valid will. This kind of will is called a holographic will. If you are not in a state that accepts holographic wills, the old will is still valid. In most states, if a beneficiary dies first, then the property they would have received goes to their heirs. You should talk to a local probate attorney to find out what the law is in your state and to help you distribute your grandma's property.
Answered on Nov 13th, 2013 at 7:16 PM
In Oregon, a Will must be signed by two disinterested witnesses to be valid. If there are no witnesses it is not a valid Will, her old Will would control.
Answered on Nov 13th, 2013 at 7:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney, the letter MIGHT be allowed but it will be a fight if all do not agree.
Answered on Nov 13th, 2013 at 7:15 PM
A handwritten will is called a holographic will. Most states will accept one. Get a good probate lawyer to have the will admitted to probate.
Answered on Nov 13th, 2013 at 7:15 PM
2 Awards
If it has all of the features of a handwritten will, is signed and dated, it can be considered a valid will. HAVE AN ATTORNEY LOOK AT IT along with the old will. This is not something you will get through the courts without an attorney under the circumstances you have stated.
Answered on Nov 13th, 2013 at 7:15 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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I'd want to see it to decide. Is it all in her hand signed and dated? Does it read like instructions to a lawyer to prepare a will, or does it read like her own will?
Answered on Nov 13th, 2013 at 7:15 PM