When developing a plan for your future, it is important to consider all avenues. Estate planning documents offer several advantages to their creators, including peace of mind. Often, people draft wills to outline their plans for their property after death.
However, several versions of wills exist, and each must meet specific requirements to be considered valid. Among these are holographic wills. Even though these versions of wills are no longer accepted in some states, these types of documents were used in the past when digital technology was less accessible.
If your family member passed away and left behind a holographic will, a seasoned wills attorney could ensure their wishes are carried out appropriately. Contact a lawyer today to learn more about holographic wills in Rosemead.
What is a Holographic Will?
A holographic will is handwritten and signed by a testator. Like standard estate planning documents, a holographic will must be drafted by a person who is at least 18 years old and has the mental capacity to develop such a plan. These plans should include details about their assets and instructions for their family to follow should they pass away.
Although encouraged, these wills do not require a witness’s signature. Likewise, a holographic will does not require a date as long as the document was signed with the intent of executing the will. Commonly, holographic wills are developed by older adults who may not have access to computers to draft an electronic document.
Despite not being recognized in most states, California accepts holographic wills. If family member’s find a holographic will that was written years ago, but it was not signed, dated, or witnessed, it may still be a valid, recognizable will under California law. An experienced attorney in Rosemead could help a surviving family member understand more about what makes a holographic will viable.
What Probate Proceedings Does a Holographic Will Have to Go Through?
Similar to other plans, holographic wills are often subject to probate proceedings after a loved one’s death. However, a family member or close friend must confirm or prove that the document was written by the decedent.
Once validated, a personal representative can be appointed to carry out a decedent’s wishes laid out in the will. Typically, representatives are spouses or children, unless otherwise stated. Unfortunately, these documents often present problems. For example, if a decedent wrote a holographic will with two different pens, or if a document appears to be written in two different styles of handwriting, then distributing a person’s assets could become complicated. However, a seasoned lawyer assist a representative through probate proceedings and help them understand their role as an administrator.
Contact an Attorney to Discuss Holographic Wills in Rosemead
Although an attorney cannot help a person draft a holographic will, they could help family members execute a will on behalf of a deceased loved one. Unfortunately, these documents are harder to interpret and could pose many issues that take time to resolve. Fortunately, having a legal representative on your side could help ensure that your loved one’s wishes are honored accurately.
To learn more about how to can make sure your loved one’s will is recognized as valid, seek help from a Rosemead holographic wills lawyer by contacting us today.