Q: My mother wrote her will years ago 1990 and put it among other papers not related to will and boxed them in a closet.
She died 12/31/2020. She was well when she wrote her will herself. Years later she became ill and had severe tremors. Her signature became unrecognizable. Will the descendants named in the will have a problem proving the will is hers so we can obtain deed to house she gave us in will?
A:
I’m sorry to hear of your loss.
The handwriting is not the major hurdle—but the content and form of the will is. I’d urge you to consult with a local attorney who can review the ‘will’ ASAP to see if it really does qualify as a will and will be enforceable.
If there were witnesses and a notary all that would be academic but even a ‘holographic’ will should not OK provided the will actually accomplished what it should.
Seek that local opinion.
— this answer does not create an attorney/client relationship nor does it constitute legal advice. Seek local attorney advice.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
