If my husband killed himself and the only document found was an unsigned piece of paper stating who was to get what, is this a legal Will?

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If my husband killed himself and the only document found was an unsigned piece of paper stating who was to get what, is this a legal Will?

Asked on May 2, 2012 under Estate Planning, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so, so sorry for your loss and for the situation. The piece of paper does not, under the stateute, constitute a Will.  A Will must be in writing, signed by the testator and by two witnesses.  If the testator cannot physically sign his name he may direct another party to do so.  This party may not be one of the witnesses.  Each witness must sign the Will in the testator’s presence.  I believe he has died "intestate" and the intestacy laws in your state will apply.  Good luck. 


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