If both parents died 8 years ago and there was a Will but it was handwritten, will it stand up in court?

It was notarized.

Asked on August 19, 2013 under Estate Planning, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The state of IN does not recognize "holographic" Wills. This is a Will that is written in the testator's handwriting but not witnessed (i.e. not signed by a witness); having a notarized writing does not change things. That having been said, oral Wills are recognized under certain circumstances.

At this point you should consult directly with an attorney who specializes in probate matters. They can explain what happens when a person dies "intestate" (i.e. without a Will).

Note: A testator is the person making the Will.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.