Legal Question in Wills and Trusts in West Virginia
Writing on will
My aunt died leaving only her original will.She had started a new will but never signed it.On her original will she made the changes in her hand writing and signed each page. We all agreed to accept the writing as codicils.The bulk of her estate went to a Trust Fund.Now the question:She wrote ''If Janet & ''me'' accept the houses, omit from the cash disbursement''.Janet's house was left to her in the original will and her only other house was her home which she was leaving to me in her new unsigned will with the stipulation that I sell my home(35,000) and that money go to the trust. Her homes value, 95,000.The Trust and her lawyer say they will go ahead with her ''intentions'' and let me have the house for 35,000 even though the new will was never signed.Is that writing on the original will ''If Janet & ''me'' ----'' enough for me to get the house without selling my house?They are taking the will before a judge because of the writings.Should I let the judge rule on the writing about the house or should I accept the attorneys offer ahead of time?
1 Answer from Attorneys
Re: Writing on will
I cannot give an opinion upon which you can rely because there is a lot more that must be known to make an evaluation. You should consult counsel. Generally speaking it is the testator's intent that is to be determined. The Executor has the right and duty to seek court interpretation. I do know of cases where holographic changes to an otherwise valid will has been accepted as a will with a holographic codicil. Of course, if everyone agrees to a disposition, the court will not likley rule to the contrary.
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