Author Archives: YAY Technology

Holographic Wills

Tip – Holographic Wills are frequently ambiguous and are often challenged by heirs.

A Holographic Will is a Will written in a person’s own handwriting. In Idaho, a Holographic Will is valid, whether or not it is witnessed, if the signature and the material provisions are in the handwriting of the testator—the person making the will. (Idaho Code §15-2-503) Even though Idaho recognizes Holographic Wills, they frequently have problems.

A brief example illustrates this point. A woman brought in a Holographic Will of her friend who had recently passed away. The woman who made the Will had no children to leave her property to. Because of ill feelings toward her siblings, the woman had left her entire estate to the friend
who had brought in the Will, leaving nothing to her 2 siblings.

When the Will was filed for probate, it was quickly challenged as invalid by the excluded siblings. The Will was clearly invalid because she had not written the entire Will in her own handwriting but had used a filled in-the-blank form. Some of the Will was in her handwriting and some was typed, so the material provisions were not completely in the woman’s handwriting as required by the statute. Since the Will was invalid, the friend received nothing and the estate was divided equally between the 2 siblings under Idaho’s Intestate Laws—even though the woman who brought in the Will claimed she had many witnesses who would testify that her friend intended to leave her everything.

Sometimes another person will write a Will for an individual who is unable to write and then have him or her sign it. This is invalid also. The person making the Will must write it in its entirety and then sign it.

In conclusion, Holographic Wills are frequently ambiguous, done incorrectly, challenged by potential heirs and result in costly litigation.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

March 2023

Organize Your Important Information – Just Do It!

Tip – Consider taking time now to organize your records and give your
agents appropriate instructions.

Many people understand the importance of keeping their estate planning documents—Will, Trust and Powers of Attorney—in a safe place. People should also consider gathering all their personal information and put it into a binder, where it will be in one place. A planner or binder provides the framework that your agents will need to carry out their eventual responsibilities in an orderly, informed way.

To get started, begin gathering biographical information—birth certificates, marriage certificates, insurance policies, financial/investment information, social security cards, retirement/pension information, personal/family information, etc. It’s also beneficial to have a list of real estate assets, tax information, credit cards, automatic bill-pay, safe deposit boxes and password-protected software or devices.

Next, begin to organize your planner. It’s a good idea to have labeled tab dividers and plastic sheets for inserting related documents. Place your estate planning legal documents in your binder along with instructions for your agents. This keeps all your important information at the fingertips of the people that will be assisting you.

Assembling the rest of your information will take time, don’t expect to do it in one or two sittings. To accomplish this, set aside one-or two-hour windows to work on your planner until you’re done. Make short lists of follow-up tasks and check off each item as you finish it. Pacing yourself will help you make progress without becoming discouraged. (See Nolo “Get it Together, Organize your Records So Your Family Won’t Have to.”)

Having a complete planner with all the important information in one place can avoid the perils of incomplete planning. For example, one lady had everything her family needed, including information about a safe deposit box—with the key taped to an index card, but unfortunately forgot to include where the box was located! She had moved several times, and the family had no idea where the safety box was, even though they had the key. By having all the necessary information and documents in place, your agents will then be ready to step in, in the case of incapacity or death.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

February 2023