What constitutes a signature on Holographic document?

[FESTINA]

What is the name of your state? TN

Question was raised previously but was worded badly. Please accept apologies.

PROBLEM: A purported Holographic document has been presented to probate as a will.

a) Document seems to be entirely in handwriting of testator.
b) Document is dated at top.
c) First line reads " I, ....... ........., being of sound mind do hereby bequeth etc. etc."
d) Document is unsigned at bottom. (Have not found any reference in law that it must be signed at bottom)
e) No witnesses (legal on holographic will in state)
f) Only copy of document on file at court house. Original may be with defendent's attorney, but he has yet to inform us of this fact.
g) The defendent's attorney will state that the first line with testator's name constitutes the signature.
f) So far, no one has come forth to testify that the handwriting is actually that of the testator (Two witnesses to the handwriting is required in the state)
QUESTION: What is the possiblility that the judge will rule that technically the first line is her signature?

 

[BelizeBreeze]

For what class is this assignment?

 

[FESTINA]

For what class is this assignment?

ANSWER: MATH (Probabilites sector) class. Give it a go.

 

[FESTINA]

For what class is this assignment?
ANSWER: This is a real problem, not hypothetical. The answers I receive will help to determine course of action to include accepting/rejecting low settlement offer.

 

[Dandy Don]

Defendant's attorney is very wrong and mistaken. That signature is in the body of the document and does not constitute a valid signature. If it is not signed at the bottom and witnessed, it is no good. By the way, are there any witness signatures? Of course not, because no signature was witnessed.

DANDY DON IN OKLAHOMA ([email protected])

 

[FESTINA]

DandyDon-
Many thanks for your imput. Very well said.

 

[Dandy Don]

If you are a close relative who thinks you might qualify to inherit from an intestate estate (without a will), then you need to be consulting with a probate attorney to find out whether you qualify to get a share of this estate.

 

[seniorjudge]

Q: What is the possiblility that the judge will rule that technically the first line is her signature?

A: Zero.

 

[FESTINA]

Don/Judge
Your comments are well appreciated. Things are moving on. A restraining order has now been issued against the judge appointed adminstrator limiting access to estate. Same judge issued restraining order who issued appointment.
Hope this is start of good news. What do you think?

 

[FESTINA]

Don,
I am jointly with one other (not the alleged beneficiary) the closest living kin.

 

[divgradcurl]

By the way, are there any witness signatures? Of course not, because no signature was witnessed.

The will doesn't have witness's signatures because a holographic will doesn't require them.

32-1-105. Holographic will. No witness to a holographic will is necessary, but the signature and all its material provisions must be in the handwriting of the testator and the testator's handwriting must be proved by two (2) witnesses.

What is the possiblility that the judge will rule that technically the first line is her signature?

The statute does not specify that the will needs to be signed at the end. Most states have a statutory requirement that a will be signed at the bottom; I would be suprised if there wasn't caselaw in TN that made signing at the end a requirement. You'll need to do some searching around, or have your attorney do it if you are represented -- a quick google search didn't turn up anything, but google is hardly the final word when it comes to searching caselaw...

 

[seniorjudge]

32-1-105. Holographic will. No witness to a holographic will is necessary, but the signature and all its material provisions must be in the handwriting of the testator and the testator's handwriting must be proved by two (2) witnesses.

TN statutes