Handwritten Last will and testament question! HELP!?
My sweet 89 year old Aunt Violet says that she intends to hand write, and sign, a slip of paper stating that she wishes for me to have first choice option over my 2 brothers, of purchasing her $120,000 dollar home, for the sum of $40,000. If do not choose to buy her house, then it is to be sold and split 3 ways equally between the 3 of us. If I took the option, I must pay each brother $20,000 and then take possession of her home upon her death. She says she intends to attatch this hand written note to her present will, because she wants me to have her house one day, and insists that the hand written note will be valid and legal, and cannot be protested by my 2 brothers. Is this true? Is a handwritten and signed paper, as valid and leagally binding as a will drawn up by a lawyer. Can either of my 2 brothers block me from taking her up on her note to sell me her house for $40,000? Aunt Violet is now pushing 90. Unfortunately, time is of the essence here. Is her note legal?
Answers:
it can be contested very easily. what you should do is get the note notarized or take it to her lawyer and have him put it in the will if the two brothers want to contest it then they can. my grand father who is a lawyer made up his own will and he had it noterized to make it leagal.
Check the laws in your state. "HOLOGRAPHIC WILL - An unwitnessed handwritten will. A few states allow such documents to be admitted to probate, but most courts are very reluctant to accept them."
http://www.lectlaw.com/def/h012.htm...
She shouldnt do it that way. Too messy. Have her transfer the property to you with a life estate vested in her. If she does that, you cant kick her out during her life. If she transfers the property this way, there will be no tax liability In order to satisfy the 20K to each brother, give them each a 20K mortgage on the house. Your brothers have no standing to stop Aunt Violet from doing this. It's her property and she can dispose of it any way she wants to.
THIS IS NOT LEGAL ADVICE, do not rely on this for any purpose.
It depends on the laws of the relevant jurisdiction. In California, such a will would be considered a holographic will. A holographic will will be probated so long as (1) the material provisions of the will was written in the testator's handwriting and (2) the testator signed the document.
Better use a lawyer. At her age she needs to be verified for "sound mind'.
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