My dad passed had a will drawn up but never signed it can it still be legal?

Probate 3 views 5 answers
I am his son

Attorney Answers

5
Kendall Cockrell ·
Generally, an unsigned will is not valid. There are VERY few exceptions that only a probate attorney reviewing the actual documents can speak to. Most will meet for an initial consultation for a small or no fee. During that meeting you should also find out if probate appears necessary and what options you have as an heir.
0 upvotes
Sean Green ·
Generally no it will not be valid. However there may be an exception to an exception as in most areas of the law. I practice estate planning/wills and do not know the answer without doing some research. As suggested, take the will to an attorney to get further information. If there is a way for it to be considered legally valid I would be interested in finding out. Good luck!
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Thomas Baker ·
Please preserve the record and take it to a probate specialist. My belief is that if your father did not sign, it can have no legal effect. But this is NOT my principal area of practice, and a probate lawyer should pass on your important question.
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Manasseh Lapin ·
Have the Will reviewed by a Probate Attorney.
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Michael Haber ·
A will, by definition, is a document that, among other things, is signed at the end. There have been cases in which a person intends to sign a will but got into a car accident on the way to the lawyer's office, and the court would not presume the person's intention. Beyond that, an unsigned will can be said to be suggestive of the person's inclination NOT to sign the document. Nonetheless, you may wish to confer with a local attorney. Good luck to you.
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