Three Issues to Contemplate When Making Handwritten Wills in New York – New York Property Planning Lawyer Weblog – Mar 8, 2021

Larry King’s widow remains after his death on January 23, 2021 involved in a quarrel with the son of the deceased celebrity on the distribution of the king’s fortune. While estate battles are often challenging, this case is particularly complex for a number of reasons. For one thing, Larry King and his widow were going to be divorced. In addition, King’s widow claims she recently discovered that the late celebrity had a “secret” bank through which he gave his son over $ 266,000.

On February 10, Larry King’s son filed an ex parte motion to become the special administrator of his father’s estate. In support of his argument, King’s son filed a holographic will dated two months after King’s application for divorce in 2019. However, King’s more formal will names his widow as the executor of his estate. King’s widow also argues that the late celebrity wasn’t pretending to be divorcing and that the couple had gone to counseling.

Larry King’s holographic will received a lot of attention. The unilateral document is dated October 17, 2019 and states that Larry wants 100 percent of his money to be shared equally between his five children and that the will should replace all previous scriptures. The king’s widow argues that even if found to be valid, this document is unlikely to change. King’s widow also argues that King was very vulnerable to external influences in the last few years of his life and was of questionable mental capacity at the time he was performing the holographic will. As a result, the king’s widow calls on the court to reject Larry King’s son’s request for special administrator appointment and refuse to admit the holographic will.

# 1 – Handwritten New York wills are valid in a few limited situations

New York confirmed handwritten will in limited circumstances. Handwritten wills do not only need to be made by individuals who are either members of the armed forces or seafarers at sea. A person who signs a holographic will must also have testamentary ability under the satisfaction of New York law.

# 2 – New York handwritten wills are invalid

One of the most overlooked aspects of handwritten wills is that they become invalid after certain events have occurred. If a member of the Armed Forces makes a holographic will, the will will expire one year after that person is discharged from the Armed Forces. In situations where a holographic will is made by a person serving with or accompanying an armed force in actual service, the will will expire one year from the date that person served in the armed forces.

# 3 – New York law handles wills that are handwritten as valid in other states

A handwritten foreign will from another state may be considered valid under New York law provided the will is carried out in full compliance with the laws of the other state. Thus, a handwritten will validly executed under Pennsylvania law could be admitted for review in New York.

Talk to a compassionate estate planning attorney

Estate planning disputes can be overwhelming, but a compassionate attorney can help you navigate this process. Don’t hesitate to contact a knowledgeable estate planning attorney at Law firm Ettinger today to schedule a free case assessment.