Legal Question in Wills and Trusts in Texas
Holographic will being only 2 words in a list of to-do's
Actually, I may have stretched the actual holographic will by saying it was only a sentence, it is written in her very very distinct handwriting and is on at least 2 separate items, one of which is a list of to-do's and reminders which she had to keep everywhere in order to remember as well as having one written by her caretaker on a list dictacted by her to the caretaker and it also had her own handwriting on it the same page, they are very distintive. However, she did not sign these, but her handwriting is unmistakable. One problem is that the caretaker doesn't want to get involved so she will admit to the handwriting but not exactly to the meaning, nor the meaning of what she wrote. The caretaker was a witness on many occasions when she heard my mother talking to someone (either my sister or my son and his girlfriend) about her desires to give her condo and all of her possessions to my son. She owns no cars, no stocks, she was living on SS disability and her bank acct had less than $500 but her debts w/o the mortg are over $4k with the morgt about $22-23K. Her single biggest asset other than her condo was her electric wheelchair worth 2k but it is in my sisters possession. I want to know if that with the ins policy is enough?
2 Answers from Attorneys
Re: Holographic will being only 2 words in a list of to-do's
The requirements for a holographic will are specific and a signature is one of the requirements.
Re: Holographic will being only 2 words in a list of to-do's
in my opinion that is not a holographic will...Hopefully you all can agree as it is not economical to go to Court..nor wise..again, my opinion...