In Mynard v. Degenhardt, a decedent’s grandson offered a will to probate, and his aunt opposed that admission due to an alleged holographic codicil that allegedly revived a previous will. No. 14-22-00773-CV, 2023 Tex. App....more
In In re Estate of Martinez, a son appealed an order finding that his mother’s holographic will devised certain property to his daughter. No. 04-22-00708-CV, 2024 Tex. App. LEXIS 1258 (Tex. App.—San Antonio February 21, 2024,...more
Most attorneys who work in the estate planning field have received a panicky, last-minute call from a client or potential client who is about to go overseas on a big trip (generally, the vacation of a lifetime). The anxiety,...more
A handwritten or scribbled will signed by the testator is technically known as a holographic will, and many people try to prepare their own wills in an attempt to be frugal. However, are holographic wills valid in...more
You may have heard of the Battle of the Bands, but have you ever heard of the Battle of the Wills? Aretha Franklin died in 2018, but the legal battle over her estate continues today in the Michigan Probate Courts....more
In In the Estate of Hohmann, the decedent died without leaving an executed will, but his caretaker found a hand written document wherein the decedent stated his wishes for his property. No. 04-20-00237-CV, 2020 Tex. App....more
You may have read in the news, that Aretha Franklin reportedly left holographic, or handwritten, wills in her home. Originally, it was thought that Ms. Franklin died intestate (or without a last will and testament). When an...more
When Aretha Franklin died in August 2018, at age 76, the initial belief that she left no will, followed by the discovery of three wills in her Detroit-area home, foreshadowed the potential emotional and financial...more
Typically, only those of us who are trusts and estates attorneys geek out over the fascinating problems that handwritten wills create. But when those wills were written by a music icon worth $80 million, suddenly this topic...more
Movies, television, and books like to present wills in dramatic ways--handwritten notes, videos, deathbed utterances--but what actually makes a will valid? The law varies depending on what state you live in, but there are...more
Legendary singer Aretha Franklin was thought to have died without a will, but the recent discovery of handwritten documents in her home is calling that into question. A representative of her estate has asked a Michigan...more
Recently a Texas intermediate appellate court affirmed a trial court’s ruling to admit a Will for probate when the decedent did not personally sign it and only communicated his desires by blinking. In the Texas case, the...more
February Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The February § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs...more