Legal Question in Wills and Trusts in Arizona
My Aunt recently passed away. She had a will that she completed years ago that she signed but it was never noterized or clerked in anywhere. Is it still valid?
Asked on 6/09/10, 10:43 am
1 Answer from Attorneys
Donald Scher
Donald T. Scher & Associates, P.C.
The question cannot be answered without more facts. The Will could be valid and enforceable as a holographic will. Were there any witnesses to her signing in the will who could testify that she had the capacity to make a will, knew what she was doing, knew who her heirs at law would be and intended this will to be her last will and testament. You should consult with an experienced attorney to see if this will could be filed and probated.
Answered on 6/09/10, 3:13 pm