Owatonna, MN asked in Estate Planning and Probate for Minnesota

Q: If my mom had a new will wrote up and she passed away before she signed it is it valid

I have been living with her and taking care of her for the past year

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1 Lawyer Answer
Neil P Thompson
Neil P Thompson
  • Estate Planning Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

A: The short answer is No, it is not valid in most states. Each state has statutes that must be followed to execute a valid will. Usually, two witnesses are required and then it must be notarized.

The long answer is it may provide evidence of the intent of the decedent in a probate court, particularly if there is no prior will and it does not deviate from the intestate laws of the state where it is probated.

You should not rely on the unsigned will for distribution of assets without the estate being formally probated and reviewed by a court.

Robert Kane agrees with this answer

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