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To: JayGalt

“You keep making this point but review of the literature suggests that the unsigned new will can be used by the people named therein as evidence in a suit not that the executor should follow such an unsigned paper in preference to a legally executed will.”

No. The literature states that the probate court may accept an unsigned will.


85 posted on 10/08/2020 4:42:02 PM PDT by TexasGator (Z1z)
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To: TexasGator

In most states they can accept a draft will. AFAIK of only one state (Michigan) allowed an unsigned will to take precedent over a signed will (on appeal) but it required clear and convincing evidence of the deceased intent. Which I doubt was just a “he told me.”

Accepting a draft will is not the same thing as honoring an unsigned will when a legal will has been signed and witnessed.


103 posted on 10/08/2020 5:10:24 PM PDT by lastchance (Credo.)
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To: TexasGator

Yes if there is no signed will.


140 posted on 10/08/2020 8:10:13 PM PDT by JayGalt (You can't teach a donkey how to tap dance. Nemo me impune lacessit!)
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