Legal Question in Wills and Trusts in Kansas
Legality of holographic wills state of kansas-my mother was designated by my uncle as his sole heir to his estate but did this is the form of a holographic will, which she has seen two layers, about these types of wills not recognized as valid in the state of kansas. the second attorney suggested that we just file the holographic will and most likely after the judge reviews my uncle's wishes, my mother would most likely be adjudicated to her in its current form. also, the second attorney said that "determination of descent," could serve to bolster our argument as he lived with us for almost four years, and he died here. any ideas?
1 Answer from Attorneys
The second lawyer suggested your mother to rely upon the theory that almost any that is not unethical is legally sound until someon else raises objections to it. If your uncle's other siblings or children rais ean issue, the hologrpahic will probably will nto be relie dupn to districute the estate. It will go by decendncy, if they successfully contest the alleged WIll.
The other problem will holographic will sis hta tthey are so easliy attacked based upon lack of capcity, where they are executed while being cared for the by the primary benficiary. In that case, the question is "Why does Mom not want to get her familial share?" If ther is any animosity between her an any other heirs by descent, (assuming whe will take anything by descent) The one or ones that she is nto on good terms with may claim that your uncle had no ides what he wa signing, if they admit that he signed it at all. If they convince the Court yoru mother committed fraud in the holographic will, she may have to forfeit whatever she would hve gotten by descent.
Good luck