Taxation of Estates and Trusts (Wills)
Read the scenario below carefully, and then research the tax issues using CCH Intelliconnect.
Answer the following questions in 1-2 double-spaced pages:
Is a signed holographic will a valid will in your state?
Are witnesses required for a holographic will?
Should the executed holographic will operate as Liu’s will pending the execution of the typewritten will? Explain.
See and compare In re Teubert’s Estate, 171 W.Va. 226, 298 S. E.2d 456 (1982).
Scenario: Liu Yuan handwrote a three-page will in pencil. At the end of the business day, he took the will to an attorney and asked that it be typed. Since Liu mentioned that he was leaving on a vacation and would be out of state for one week, the paralegal for the firm asked if he would like to sign the handwritten (holographic) will. Liu did sign the will, but he also stated that he would return after his trip to sign “his will,” i.e., the typed will. While on vacation, Liu suddenly became ill and died.
