Legal Question in Wills and Trusts in Colorado

Holographic will

Louise Aron

Attorney at Law

Lakewood Office:

1536 South Ingalls

Lakewood, Colorado 80232 USA

(303) 922 7687

fax (303) 922-1370

Cherry Creek Office:

300 South Jackson #100

Denver, Colorado 80209 USA

(303) 780-7339

Satellite offices:

Boulder - 4450 Arapahoe Avenue, #100

DTC - 4610 South Ulster, #150

A TOLL FREE NUMBER is available to clients outside the Denver metro area.

web site http://effectnet.com/la/

My email: [email protected]

October 6, 2000

LawGuru User

Dear LawGuru User:

The attorney from New Jersey who answered you here is incorrect. In many cases, Colorado courts do honor holographic (handwritten) wills.

If you are sure you do not want to hire an attorney, I suggest that you ask the Probate Court of the appropriate county (you may need to discuss with the clerk of the county in which your grandmother died whether or not to file in that county) for a packet of forms needed in order to file a probate.

Good luck.

Thank you for using LawGuru.

Sincerely,

Louise Aron

Attorney at Law

Re: Grandmothers hand written addition to will

It may be valid. They should be submitted to the Court and you should seek an Order from the Court concerning the validity of the handwritten document. You should make no attempt to judge its validity on your own.

Re: Grandmothers hand written addition to will

In California the probate court processes over 100 cases a day. The Court's policy is to encourage all litigants to go into a back room and settle their disputes. It doesn't matter all that much what your grandmother's will says. What matters is what you can work out with the charity. Get a good lawyer who has settled this type of case before. You have a good chance of doing very well. Charities do not like to be perceived as bringing undue influence over elders to get their money. Since your grandmother was elderly you can raise the question of "undue influence" in your contest. But I would not do this without an attorney. You do not really want to get embroile in litigation. You need a lawyer who knows how to handle these charity cases. Probably your lawyer will be able to work out a deal with the charity and get their signature on an agreement. This agreement is submitted to the court and the court generally approves the agreement.

Re: Grandmothers hand written addition to will

I must add a caveat to my previous answer. IF the grandmother's will is to be probated in New York, the handwritten note will not change the previous will.

I have been advised that if the will is to be probated in Colorado, there are many circumstances in which a handwritten will is honored.

Re: Grandmothers hand written addition to will

holographic wills can sometimes be admitted

to probate if they meet legal requirements.

A lawyer would have to see the actual

writing to determine whether it even meets

the threshold of being a holographic will

There could also be a contest between the

animal shelter and the beneficiaries of the

will

Hire a lawyer

Re: Grandmothers hand written addition to will

The handwritten note will not be admitted as a will. Handwritten will are only valid in very limited circumstances, such as for a soldier during war.