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163 Tr. & Est. 52 (2024)
The State of the States: 2023: An Update on Key Planning Developments

handle is hein.journals/tande163 and id is 56 raw text is: By Sharon L, Klein & James J Byne The State of the States 2023 Mie M~amanhave been very busy * on several trust and estatcereiated fronts,. - ere's an update on key planning developments across the country, trough No 30 2023, Holographic wills came front and center as a result of the weil-publicized biter and prolonged family battles over Aretha Franklin's two competing wills,. The cnntrniling handwritten wiH of0the iconic singer, complete with messy handwriting, crossed-out words and scribblings, was found in a spiral notebook under a couch cushion irn her home. While state law varies, a will generally must be: (1) irn writ ing; (2) signed by-tihe testator or at the testator's direction and (3) signed by at least two individuals who attest to witnessing the testator's execution cf the instrument. A handwritten will that's witnessed and notarized vahidly uznder the applicable state's law can be probated as a regular will.3 Additionally, certain states recognize the vafhdity of handwritten or holographic wills that aren't witnessed. Aretha Frankilin died in Michigan, whrch ailfnws holographic wills, A holographic will is typically valid if the signature and material provinsionfs of the wviil are exclusively in the testator's handwriting, regardless oft wh-ether it's witnessed. There are currently 27 states that recognize the validity of holographic wills: Alaska, Anizona,- Arkansas) California,3 Coloradoi liawai< hIao? Kentucki? Louisiana, Maine, Michigan?' hIlississpi Montana? Nebraska?' Nevada,'5 New Jersey,' North Carolina? North Daleota,' Oklahoma? Pennsylvania? South Dakota Tennessee?2 Texas? Utah?' Virg-inia? WXest Virginind Wyoring? Whie the following 10 states don't recognize nolographic wills under their own laws, they can aditl holographc wills intc probate, provied they were validly executed in accordance with the laws of the atorementioned 27 states: Alabama? Connecticutt Delaware, iowa-3 Kansas. Minnesota,3 Rhode island? South Carolina? Washington-' and Wisconsin.3 Maryland and New York only recognize holographic wills that are executed by their residents under very narrow circuinstances. Maryiand recognizes holographic wills ff: (1) the instrument is entirely in the handwriting of the testator; (2) the testator is serving in the U.S. armed services at the timne 0f execution; and (3) the document is sugned b the testator while outside of a U. state, the District of Columbia or a U1.5 territory? Additionally, Maryland deems a holographic will void one year after the testator's discharge from the armed. services. unless the testator dies within one year of execution or loses testamnentary capacity within such year? In New York, holographic wills are only valid if made by: (i) a- rember of the U.S, anned forces white in actual military or naval service during a war or other armed conilict: f2) an individual who serves with or accompanies an armed force engaged in actual nilitary or naval service dunng such war or other armed conilict; or (3) a mariner while at sea.4 A holographic will beconmes invalid: (1) one year after the testator's discharge fronm the armed forces; 52 VUi&W~Y-:>--:S/2NtP22 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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