Larry King’s Widow Challenged His Handwritten Will: Are You Protected?
Many people think of formal, legal documents drawn up by an attorney when they think of having a will, but as Larry King’s widow, Shawn King discovered, that’s not the only way. In many states, handwritten wills are allowed and are considered legally binding. For example, handwritten wills are allowed in Los Angeles, where Larry King lived and completed this will. But what does it mean for people in other states, including Georgia?
Handwritten Wills in Georgia
There are two different types of handwritten wills to consider before we can state whether they are legal or illegal in Georgia. The first is a standard handwritten will. Under Georgia law, a handwritten will or a typed will are both allowed, as long as they are signed by the person who drafted the will or someone else who has been authorized to sign on behalf of that individual. They must also be signed by two witnesses. Witnesses are required to be over the age of 14 and legally competent. The will does not need to be notarized, though this can be a benefit to closing the will faster through probate.
On the other hand, another form of handwritten will called the holographic will is not legal in Georgia. These wills are handwritten but do not have the required signatures of witnesses. For example, if an individual were to write on a piece of paper that they want to leave everything to be split evenly between their children and put it away without showing it to anyone else or getting witnesses to sign it this would be a holographic will. It would not be considered valid in the state of Georgia. If that same piece of paper were to be signed by two others who are legally recognized as competent and over the age of 14 then it would be legal.
In the case of Larry King's handwritten will, his widow, Shawn King, is legally challenging his handwritten will. She has requested to be the executor of his estate despite the fact that he cut her out of his will prior to his death.
Special Forms Not Required
In Georgia, there is no requirement for a will to be drawn up by a lawyer or for it to follow any specific format. There is no requirement for what it can be written or typed onto or for who needs to be the signatory other than the points mentioned above. Instead, a will only needs to be written or typed and signed by the person who draws it up and two witnesses. As long as those criteria are met the will can be considered valid and legally binding.
It is important to make sure that if you are drafting a will you keep these points in mind. While some people like the idea of a ‘secret will’ that no one knows about (as apparently Larry King did), not having the required signatures or witnesses means that, in Georgia, your will would be thrown out. This would mean that an earlier will would be considered legal and binding or, if there were no earlier, legal will, that you would be considered to have died ‘intestate’ or without a will.
If you have a preference for how your estate will be divided upon your death, or you want to help your family and friends avoid the stress and long and costly probate process as much as possible, creating a legal will is essential.
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Gwinnett County Will and Estate Planning Attorney
A will does not have to be complicated, or expensive. Our legal services are designed to assist people in times of great need. We listen to our clients and create an estate plan to address their matters and advise on their best interests. If you need help with creating a will to protect your loved ones after you are gone, contact your trusted legal partner, the team at SmithTaire Legal. Our office is open and we can also help you via telephone, email, FaceTime, Zoom, DocuSign and other tools.
Schedule an appointment with us today at 678-253-8133 to discuss your situation.