My father passed away with a will that was just typed and signed, so is it still legal?
Full Question:
I have questions about probate? Recently my father passed. A sister of his has his power of attorney. I not sure if this power of attorney is just for medical purposes or for all purposes. There is a will which is not witnessed or filed with any attorney. It is typed and signed but I am not sure the signature is my fathers. The sister is also the excutor. No financial informtation has been shared with us his kids. What is the best way to find the amount of money my father has and to make sure each child gets a equal portion of his assets? Is this will legal? I don't want to cause family problems with this aunt but I do want equal share for all of us his kids.
05/17/2007 |
Category: Wills and Estates |
State: Arkansas |
#5120
Answer:
You should probably seek the help of a local attorney for your questions, but the applicable Arkansas statutes are as follows:
28-25-103. Execution generally.
(a) The execution of a will, other than holographic, must be by the
signature of the testator and of at least two (2) witnesses.
(b)(1) The testator shall declare to the attesting witnesses that the
instrument is his or her will and either:
(A) Himself or herself sign;
(B) Acknowledge his or her signature already made;
(C) Sign by mark, his or her name being written near it and witnessed
by a person who writes his or her own name as witness to the signature;
or
(D)(i) At his or her discretion and in his or her presence have someone
else sign his or her name for him or her.
(ii) The person so signing shall write his or her own name and state
that he or she signed the testator's name at the request of the
testator.
(2) In any of the cases listed in subdivision (b)(1) of this section:
(A) The signature must be at the end of the instrument; and
(B) The act must be done in the presence of two (2) or more attesting
witnesses.
(c) The attesting witnesses must sign at the request and in the
presence of the testator.
28-25-104. Holographic wills generally.
When the entire body of the will and the signature shall be written in
the proper handwriting of the testator, the will may be established by
the evidence of at least three (3) credible disinterested witnesses to
the handwriting and signature of the testator, notwithstanding there may
be no attesting witnesses to the will.
28-26-101. Construction of will.
(a) The court in which a will is probated or to which the administration
proceeding may have been transferred shall have jurisdiction to construe it
at any time during the administration.
(b) The construction may be made on the petition of the personal
representative or of any other person interested in the will, or if a
construction of the will is necessary to the determination of an issue
properly before the court, the court may construe the will in connection
with the determination of the issue.
(c) When a petition for the construction of a will is filed, notice of
the hearing shall be given to persons interested in the construction of
the will.