INTERNAL Memorandum: Assignment

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INTERNAL MEMORANDUM TO: John Bonham, Supervising Attorney FROM: Nicole Stokes, Paralegal DATE: 4/18/14 OFFICE FILE NO: 14-PW-118 RE: Cindy Goldschmidt STATEMENT OF ASSIGNMENT I have been assigned the task of determining, within the meaning of the state statue, whether Mr. Goldschmidt’s will, that Nancy Richardson, Mr. Goldschmidt’s sister has submitted for probate, would be admissible for probate when there were no witnesses and only half of the will is handwritten. ISSUE Under Texas law can Ms. Goldschmidt bring an action against Ms. Richardson for submitting Mr. Goldschmidt’s holographic will to probate? BRIEF ANSWER Qualification is highly probable. In the case of Dean v. Dickey 225 S.W.2d 999 (Civ. App. Tex.1949) upheld…show more content…
Prob. Code. Ann. § 60 Exception Pertaining to Holographic Wills (Vernon 1980), provides: “Where the will is written wholly in the handwriting of the testator, the attestation of the subscribing witnesses may be dispensed with. Such a will may be made self-proved at any time during the testator’s lifetime by the attachment or annexation thereto of an affidavit by the testator to the effect that the instrument is his last will; that he was at least eighteen years of age when he executed it; that he was of sound mind; and that he has not revoked such instrument.” Tex. Prob. Code. Ann. Sec. 59 Requisites of a Will (Vernon 1980). “Every last will and testament ... shall be in writing ..., and shall, if not wholly in the handwriting of the testator, be attested by two (2) or more credible witnesses....” Under Texas Statutory Law, Probate Code. Ann. §59 Requisites of a Will (Vernon 1980), is there sufficient evidence to support that Mr. Goldschmidt’s will is invalid. The Petitioner alleges that the will is contestable due to the method of preparation and signature. CONCLUSION In conclusion, I believe Ms. Goldschmidt can bring an action against Ms. Richardson in the matter of Mr. Goldschmidt’s will. Because Mr. Goldschmidt’s will was not entirely handwritten, or not entirely typed wholly, this could be grounds for the will to be deemed invalid. Also there are no subscribing or “credible” witnesses that executed Mr. Goldschmidt’s

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