Legal Question in Wills and Trusts in New Jersey

holographic will

My mother died 10 months ago. She wanted to go to a lawyer and write a will, she was never able to due to declining health. She did write a holigraphic will on a piece of paper. She has the original sealed in an envelope and she gave me a copy in a sealed envelope. She told me to open it if anything happened to her. I did open it, she left me the house she had. (I lived with her for many years). What do I do now? It's been 10m months already, I think I have 2 years to settle. I would like to do it soon.


Asked on 2/08/06, 9:09 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: holographic will

In addition to John's comments, add mine. If properly drawn and uncontested, a holographic Will is valid and recognized in New Jersey. It should have designated an Executor and that person should apply to the Surrogate in the County where Mom resided when she passed away. You do not say if your Dad is still living, if there are siblings and what else the document may have said. There are many issues involved and more information is needed, including a review ofd the document itself to see if it is valid. Contact me directly if you would like to discuss this further.

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Answered on 2/09/06, 2:32 pm
John Corbett Corbett Law Firm LLC

Re: holographic will

I am fairly certain that you would benefit by consulting a lawyer on this matter. If I can be of help, please contact me.

Holographic wills are admissible to probate. The difficulty usually involves matters of proof. How difficult this will be depends on whether there are others who might be disappointed by the will. There also will be a need to locate other reliable samples of your mother's handwriting.

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Answered on 2/08/06, 11:59 pm


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