Holographic Will Lawyer
What Is a Holographic Will?
While it may sound complicated, a holographic will is essentially a will handwritten by the owner, who is known as the testator. A will may be handwritten for a number of reasons. Someone may write hurriedly in a life-threatening situation, they may have limited resources or knowledge about formal wills, or they may leave a suicide note. Our law firm is well-versed in holographic wills. We can help you formulate a detailed action plan and remove unwanted stress so you can focus on grieving during this sensitive time.
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The entire team at Froerer & Miles is committed to supporting you through each step of the legal process.
Understanding Utah Legal Requirements
Each state has varying laws regarding the validity of a holographic will. The state of Utah honors handwritten wills during probate if specific requirements are met. Our attorneys can help determine the likelihood of a holographic will being valid during your initial consultation.
Handwritten
A holographic will must be in the testator's handwriting to be valid. This may be proved by close family members or friends, or with the help of a handwriting expert during the probate process.Signed
The testator must have signed a holographic will for it to be valid and legally binding.Dated
A dated will is not required, but it can be helpful in some instances. For example, if the testator had any previously existing wills, a date can revoke these and clarify that the holographic will contains the true last wishes.Witnesses
While Utah law requires a formal will to have two witnesses, an exception is made for holographic wills. No witnesses are required if all the material is in the testator's handwriting.Holographic Wills and Suicide How We Can Help
We understand that dealing with a loved one's unexpected death is difficult, and the last thing you want to do is call a lawyer after reading a suicide note. However, you may have questions about whether the suicide note can count as a valid last will, and you may not want to deal with figuring it out on your own.
Many clients do not realize that a suicide note can count as a valid last will.
Our team knows how to handle suicide cases and litigate in court if necessary. In all of the suicide cases we have settled, the testator has always left a suicide note that we were able to use as a holographic will. While this is a somber time, we give families in Layton and Ogden the opportunity to focus on grieving and healing instead of trying to navigate the intricacies of the law by themselves.
If a handwritten will is admitted to probate, the court will appoint an executor to oversee the process. One of our estate planning lawyers can act as the executor instead of yourself, your family members, or your children, and can handle all legal responsibilities so you can focus your time elsewhere.
"I Appreciate Their Help and Highly Recommend Their Services"
Bailey Hall
2020
I've worked with this Law Firm and Zane Froerer for several years. One of the best attributes that they have is they are big enough to handle most legal matters but small enough to still give the appropriate attention to their Clients. Zane and his staff of Corrine and Lisa do an excellent job of helping you with your legal matters but not charging you an arm and a leg. Overall just a great firm to work with!
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Lorie Leavitt
2020
Everyone at Froere and Miles have been great to work with. They have been consertive with my time and money, attempting to settle issues without prolonged litigation. I appreciate their help and highly recommend their services.
View On GoogleContact the Attorneys of Froerer & Miles Request Your Free Consultation Today
If you recently lost a child, parent, or other loved one, and they left behind a handwritten will, you don't have to navigate this confusing process alone. Froerer & Miles, serving families from Layton and all over greater Ogden, can help.
To speak with one of our probate and estate planning lawyers, fill out our online form. A member of our team will be in contact to schedule your free consultation.
You may also speak to a lawyer over the phone before coming in for the initial consultation. If you have any questions, please don't hesitate to call our office in Ogden, Utah, at:
(801) 621-2690
Why Choose Us?
Expertise
Our lawyers have over 30 years of experience in estate planning. Our attorneys have helped numerous clients over the last few years settle holographic wills, with the majority of them in suicide cases.Utah Natives
Our team of five attorneys are all natives of Utah and are familiar with the ins and outs of the law and estate planning. This allows us to provide guidance throughout the probate process and have the highest chance of a favorable outcome.Compassionate
Dealing with the death of someone close to you, especially through suicide, is heartbreaking. Our lawyers are committed to handling all the hard parts of the legal process to ease any emotional load we can for you and your family.Communicative
Our attorneys respond to all calls and emails within one day. We value the relationships we build with our clients and will always keep you updated on the status of your case.What to Expect during Your Consultation
Informative, Respectful Consultations
"Terrific Law Firm"
Ryan Steinbeigle
2020
Terrific law firm. Responsive and timely with any requests that we've had. Consummate professionals that can handle any legal issues you may have. Highly recommend.
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Chris Battrick
2019
Froerer & Miles is an experienced legal office that cares. I'm so impressed with everyone there, from their kind and efficient reception staff all the way to the top. If you need help with Estate Planning, or just want a review of your current plans, consider Froerer & Miles. They're awesome and less expensive than other planners I've talked to.
View On GoogleHow Does Pricing Work?
We offer a free consultation at our Ogden, Utah, office because every situation is unique and different. This allows us to understand exactly what is going on and to determine if we can help with your case. We will provide a quoted price at the end of your legal consultation.
We typically require a retainer or flat fee payment upfront, but estate settlement cases and holographic wills work a bit differently. We are often able to work out payment on the backend. For example, if the estate has no liquid assets, we can be paid once a house is sold.
Challenging a Holographic Will
In some cases, a handwritten will does not accurately reflect what close family members or children believe the testator wanted as their last will. Our attorneys can investigate all circumstances to determine if any factors are at play that may deem a will invalid. This can include a few possibilities:
Undue Influence
Undue influence occurs when a party takes advantage of the testator by persuading or coercing them into how to delegate their assets. This can be suspected when one person benefits significantly from the will, children are left out of the will, or the family believes the testator was manipulated in some way.
Lack of Mental Capacity
A testator must be in sound mental capacity in order to write a will. For example, they must understand that they are writing their last wishes, know who their family members are, and be able to decide how to allocate their assets to them.
