Legal Question in Wills and Trusts in Minnesota
I am a mystery novelist. In my next book I am considering having a "holographic" will that is embroidered. (The person wrote it on fabric in pencil, then stitched over it, including the signature.) Is such a will legal in Minnesota? Also a question will arise on time of death. If she died before her rich uncle, a nephew inherits. If she died after, her niece inherits a fortune. She died alone and her body was not found for days. Forensic entymology says she died very nearly at the same time as her rich uncle. How to decide?
Thank you.
Mary Monica Pulver
aka Monica Ferris
1 Answer from Attorneys
Unfortunately, Minnesota doesn�t recognize holographic wills. Years ago, there was a limited exception for soldiers and sailors. Since a holographic will is a will that is completely handwritten, dated and signed by the person making it, it may be difficult to verify it with the stitching overlay, but not beyond reason.
As to the time of death issue, most, if not all, wills contain a provision that addresses this matter. The provision will set a time period (i.e. 30 days). If an heir dies during that period, the heir is to be treated as if he/she died prior to the testator. It should also be noted that a person�s murderer would be treated likewise.
Good Luck!
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