My friend left a holographic will unwitnessed in Oregon April 2009. She died in June 2009. There were no special circumstances. Is this valid?

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My friend left a holographic will unwitnessed in Oregon April 2009. She died in June 2009. There were no special circumstances. Is this valid?

Another friend was named executor and beneficiary. She has parents, a brother and sister still living. None involved live in the State of Oregon. The life insurance beneficiary is the same as the executor/beneficiary on the will. What happens next? She was cremated. Who has rights to the ashes, etc.

Asked on June 23, 2009 under Estate Planning, Texas

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am not a Texas attorney, but my understanding is that a holographic will in Texas must be signed by two witnesses or it is not valid.  If it is found to be invalid, and there is no other will, she will be said to have died intestate and the court will give her assets to family members as set out in the laws of intestate succession in Texas.  Typically, it would go to the surviving spouse should there be one, and then children, grandchildren, and then parents, depending on who has survived her.  The rights to her ashes would be decided by the court, as well, and they would likely be given to her next of kin, also as set out by the intestacy laws of Texas as described above.  Hope this helps.


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