Knoxville, TN asked in Probate for Tennessee

Q: i have grandparents who both passed and each left identical wills, with affidavits and attestation clauses signed by eac

there notirized by personal friend county clerk, tn. however no witness signatures. signed 2018 do i have legal will?

Related Topics:
2 Lawyer Answers
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: An attorney would need to actually see the wills in order to render an opinion as to validity, and ultimately the probate court decides whether a will is valid, but based upon what you stated, they are most likely not valid. In Tennessee, as in most other states, two witness signatures are required, notarial affidavits are optional.

Anthony M. Avery agrees with this answer

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: The possibility of Holographic Wills might be present if handwritten. But two Wills identical implies a contract to make both Wills. Unless there are serious reasons to file Probate, Intestate Succession is probably what should happen here. Consult with a good lawyer.

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.