No witnesses

L

Lorry johnson

Guest
Jurisdiction
Colorado
Hi there a really great almost a father of mine had me signed the will.but there is no witness he told.me.he was going to send those papers to.his so.that was 3 weeks of January. After then he's beem fighting for his life and passed away 2nd week.of.march.so.he wasn't able to send these papers to his son. He wrote evrythng on the paper and we both signed the will.and we found out he doesn't have any beneficiary either.no lawyer either. What should we do.
 
A will may be handwritten in Colorado (referred to as "holographic") or typed. It must be signed and dated by the willmaker (or at the willmaker's direction). The will should be witnessed by two uninterested parties and notarized by a Notary Public authorized to take acknowledgments. It is best to have both witnesses and a notary present when you sign your will.

People are strongly encouraged to work with an attorney to write your will, as drafting a will requires special skills. Colorado generally recognizes holographic wills however such wills are frequently found to be ambiguous or defective, causing delay, expense, and possibly litigation.

From the depiction you provided, a legal will wasn't created before the man died.
 
It sounds to me also that an official/legal will was not created.
 
Lorry johnson said:
Hi there a really great almost a father of mine had me signed the will.but there is no witness he told.me.he was going to send those papers to.his so.that was 3 weeks of January. After then he's beem fighting for his life and passed away 2nd week.of.march.so.he wasn't able to send these papers to his son. He wrote evrythng on the paper and we both signed the will.and we found out he doesn't have any beneficiary either.no lawyer either. What should we do.
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If, by "wrote", you mean handwritten, Colorado is a bit more liberal than the other responders noted.

Statute 15-11-502 (2) A will that does not comply with subsection (1) of this section is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.

The rest of the statute can be found under TITLE 15. PROBATE, TRUSTS, AND FIDUCIARIES COLORADO PROBATE CODE ARTICLE 11. INTESTATE SUCCESSION AND WILLS
PART 5. WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS

LexisNexis® Custom Solution: Colorado Revised Statutes Research Tool

If the will is handwritten and has his signature, it's valid even without witnesses or notary.

Are you named in the will in any capacity? If yes, you can open probate and ask the court to appoint you representative.

If no, then contact the son and turn over the will to him.
 
Hi there.yes my name is there and so his.and we both signed those papers. And his son is aware.but we both dont know what to do at this point. And yes it was handwritten and theres another paper it was printed document saying wha8he wrote or ledt under my name is gnn be mine forever. And again we both signed it.
 
And also what if his son wont cooperate bout it? And hire a new lawyer and just claim evrythng.? Do i have any right to actually fight or take it to the court? Thnk u and god bless.
 
Lorry johnson said:
And also what if his son wont cooperate bout it? And hire a new lawyer and just claim evrythng.? Do i have any right to actually fight or take it to the court? Thnk u and god bless.
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File the will in the court jurisdiction where he passed away. You should talk to a lawyer. And you should do it ASAP. As I understand Colorado law, you're supposed to do it within 10 days of his passing.

If his son won't cooperate, or contests the will, or tries to file a different will, you will have a fight on your hands, and the court will have to sort it out.
 
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Lorry johnson said:
Thank you guys! God bless...
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You're welcome, but the second week in March may have exceeded the ten day filing period. Even if it didn't, be prepared for your version of the will to be contested by his son, and any number of other "relatives" who smell some free stuff and cash.

If you file, remember, that's only the first shot of one battle in what might become a very long war.
 
Hi good morning.we haven't file anything because i been helping his son do all the arrangements for his funeral. Its going to be 3 weeks by the time his funeral would be ready. And me and the his family we get along thats why in afraid that there's is a.war waiting for me once we file the papers.no one else know bout the papers but me and the only son.he told me and his friends and to his son he did not want his brothers and sisters to get any of his properties. At all
 
Lorry johnson said:
Hi good morning.we haven't file anything because i been helping his son do all the arrangements for his funeral. Its going to be 3 weeks by the time his funeral would be ready. And me and the his family we get along thats why in afraid that there's is a.war waiting for me once we file the papers.no one else know bout the papers but me and the only son.he told me and his friends and to his son he did not want his brothers and sisters to get any of his properties. At all
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I'm sure all of that is true.
Heck, I've seen enough people die in my life to know what happens often before the loved one is buried.
Greed will rear its ugly head.
Jealousy always works with greed to cause chaos.
I wish you well.
Realistically I'd be very surprised if some of them aren't snooping, plotting, planning, scheming, maybe stealing anything they find.
Anyway, I have no dog in your fight, I'm just an irrelevant, anonymous, uninvolved loser in any of your affairs.
 
Actually his brother thats lives nearby pawn his jewelries, shoes, clothes and even vacuum. And after that he disappeared. He pawm evrythng 2nd day his brother die.and so the 48 inc.tv
 
Lorry johnson said:
And is there anyway that his son xan just make a new will?
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This is why a will that appears after a person's death tends to be contested in court.

Yes, this is when a dozen wills could appear.
I once had a client who asked me to draft 10 wills, each one disputing the other, so it would cause dissension among the survivors.

I refused, somehow negotiating it done, and the estate was litigated in the courts for four years.

I suppose you'll just have to do what you can, and wait to see what others do.
 

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