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Mr. Horn

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B

BHHORN

Guest
What is the name of your state? Florida



Hello, My Mother died without a WILL, My mother had me write up a will but she never had it signed by a notary. Can this will hold up in court?

My sister has appointed herself as the executor of your mother estate. Even though I'm the only one paying our mother bill's that she left. I'm also paying the mortage payments. Now my sister is telling me that I will not get nothing. Is this true. Can someone tell what is the executor does ?

The house is worth around $250,000 and there is a $25,000 loan on the house, My sister think that she will get the house because she has made herself the executor of our mother estate, is this true?? There was NO WILL..

Can any one can help me? Thanks
 


B

BelizeBreeze

Senior Member
My mother had me write up a will but she never had it signed by a notary. Can this will hold up in court?
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No since a holographic (handwritten) will must not only be in the hand of the person for whom it is written, but also witnessed (according to state statutes) and notorized (at a minimum).

My sister has appointed herself as the executor of your mother estate.
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Unless she has letters testimentary from the Probate court she has no authority to act as executor.

Your first act is to see if sis has file an intestate probate action for her mother's estate. If not, (and check in the county court where mother was living and died) then you file immediately as executor. ONLY the court can appoint an executory of an estate.
 
D

Dandy Don

Senior Member
If father is not living, then whatever is in the estate will be split amongst the children. Sister can not inherit the house entirely for herself--if a sibling wants to live in the home, he will either have to pay rent to the executor or pay the other siblings (buy them out) for their share of the home, or (the best option, probably) the home could be sold and all siblings split the profit.

DANDY DON IN OKLAHOMA ([email protected])
 
I

I AM ALWAYS LIABLE

Senior Member
BelizeBreeze said:
No since a holographic (handwritten) will must not only be in the hand of the person for whom it is written, but also witnessed (according to state statutes) and notorized (at a minimum).
Click to expand...
Edit: THE FOLLOWING INFORMATION IS INCORRECT - - SEE PROPER INFORMATION BELOW. I should have done my research, first!

My response:

No, it doesn't. A Holographic Will need only be signed and dated by the Testator.

IAAL
 
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Y

You Are Guilty

Senior Member
Who said the will was handwritten anyway? Non-holographic wills definately need to be witnessed. I'm sure someone will correct me if I'm wrong, but it doesn't have to be notorized, doing so just makes it self-executing.


Now to go find out if Florida even recognizes holographic wills...

Bingo.
http://www.flsenate.gov/Statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0732/Sec502.HTM
Florida Probate Code said:
732.502 Execution of wills.--Every will must be in writing and executed as follows:

(1)(a) Testator's signature.--

1. The testator must sign the will at the end; or

2. The testator's name must be subscribed at the end of the will by some other person in the testator's presence and by the testator's direction.

(b) Witnesses.--The testator's:

1. Signing, or

2. Acknowledgment:

a. That he or she has previously signed the will, or

b. That another person has subscribed the testator's name to it,

must be in the presence of at least two attesting witnesses.

(c) Witnesses' signatures.--The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.

(2) Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator's handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.

(3) Any will executed as a military testamentary instrument in accordance with 10 U.S.C. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state.

(4) No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law.

(5) A codicil shall be executed with the same formalities as a will.
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I

I AM ALWAYS LIABLE

Senior Member
I AM ALWAYS LIABLE said:
My response:

No, it doesn't. A Holographic Will need only be signed and dated by the Testator.

IAAL
Click to expand...


My further response:

Well, this is where I "eat some crow". It appears from my research on the issue of Handwritten (or "Holographic") Wills, that Florida doesn't have any special laws concerning handwritten Wills, and that ALL Wills are treated the same, whether typed or handwritten.

Here is a summary of my research on this issue:

Are handwritten or oral wills valid in Florida?

A holographic will (one that is completely in the handwriting of the testator) is not given special treatment in Florida. Any will, whether entirely typewritten, partially in the testator’s handwriting, or entirely in the testator’s handwriting, can be valid as long as it is signed by the testator and two witnesses.


Therefore, my humblest of apologies to BelizeBreeze. I spoke too soon.

IAAL
 
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