Legal Question in Wills and Trusts in West Virginia
No will/holographic will
Dad remarried after mom died, sold their house and moved in with new wife (she has kids). He took all family photos, a few things that belonged to mom and stored my brothers tools in his garage. He died 11 months ago. His wife told us that he had no will so my brother was appointed executor. They refused to let us have anything that belonged to our dad or family. We just received a letter from our attorney telling us that his wife just happened to find a will and they took it to have it probated. The will is holographic but is written in his wife's handwriting and it looks as if his signature was traced. His handwriting is no where on it. It was signed by neighbors. What I'm reading about holographic wills is they have to be in the deceased handwriting. Is this right? I do not believe that this is valid or legal. I think she just wrote it up. She couldn't remember writing it when he died. He mentions nothing about his kids in the will. Doesn't he have to say that we were intentionally left out for us not to get anything? Please help.
1 Answer from Attorneys
Re: No will/holographic will
A holographic will in West Virginia must be written entirely in the testator's handwriting. If someone else wrote the will, either typewritten or in script, the testator signature must be witnessed by two independent adults. The testator must ask the witnesses to watch him sign and declare that this is his last will and testament. Of course, a signature cannot be placed on the document by anyone else and the testator must be of sound and disposing mind. These are some of the requirements of a valid will. Since June of 1993, it is no longer necessary to specifically exclude a child if your intent is to disinherit him or her. You should see a lawyer and perhaps a handwriting expert. The original will is kept at the courthouse for inspection by the expert.
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