Please Scroll Down to See Forums Below My step dad's mother killed herself giving my step dad and his sister only a dollar each in a suicide note. But my step dad gave her good care back when she was saner. I mean it seems you are kind of kooky anyway to commit suicide so which document would the court take in account?
Will Instructions on a Suicide Note Take Precedent over a Will?
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Y_lifter said:
She was old and hurting I think and he was gone to Colorado to visit my sisters. So she was probably angry that he was gone. That is how old people are. It seems horrible to get old. I am 42 now and will need to start parachuting in about another 30 years and pack my own chute so I won't have to deal with all that old people stuff like diapers and slobbering on myself.
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heatherrae
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Did she have a prior will?
In about 25 states holographic wills suffice. A holographic will is a handwritten will. In order to be legal and enforcable it must be completely in the handwriting of the author with no typewritten parts; must be free from edits from any outside party; must be dated; and must be signed by the author. Holographic wills need not be notarized, as is the case for typewritten wills.
However, even if your state does provide for the validity of holographic wills, there is the question of whether the letter was intended to be a revocation of the other will (if one existed) and whether it is sufficient to act as a will. My guess is that it was not sufficient in detail to act as a will anyway, but I don't know the content of your letter.
More importantly, for any will to be valid (type-written or hand written) the testator must be making the will of their own volition, must be of sound mind, and must be free from undue influence.
No one in your family may even try to assert that the letter should act as a will. If there is a will contest (law suit questioning the will) then the issues of whether she was of sound mind and whether the letter can stand as a holographic will (if you are even in a state that recognizes holographic wills) will most likely be the issues addressed by the court.
Does she have significant assets so that this is a worthy issue to even litigate?
HTH.
In about 25 states holographic wills suffice. A holographic will is a handwritten will. In order to be legal and enforcable it must be completely in the handwriting of the author with no typewritten parts; must be free from edits from any outside party; must be dated; and must be signed by the author. Holographic wills need not be notarized, as is the case for typewritten wills.
However, even if your state does provide for the validity of holographic wills, there is the question of whether the letter was intended to be a revocation of the other will (if one existed) and whether it is sufficient to act as a will. My guess is that it was not sufficient in detail to act as a will anyway, but I don't know the content of your letter.
More importantly, for any will to be valid (type-written or hand written) the testator must be making the will of their own volition, must be of sound mind, and must be free from undue influence.
No one in your family may even try to assert that the letter should act as a will. If there is a will contest (law suit questioning the will) then the issues of whether she was of sound mind and whether the letter can stand as a holographic will (if you are even in a state that recognizes holographic wills) will most likely be the issues addressed by the court.
Does she have significant assets so that this is a worthy issue to even litigate?
HTH.
Protobuilder
New member
HeatherRae said:
Damn. You either just sat for the Bar or you practice in this area. LoL
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heatherrae
Guest
Smurfy said:
LOL
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heatherrae
Guest
Protobuilder said:
LOL...I sat for the bar in 2000 and don't practice in that area. It's just one of the sick things floating in my head somewhere, along with the rule against perpetuities...lol.
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