A holographic Will is a last Will that was authored and signed by the testator in his or her own hand. The popular painter Thomas Kinkade died in April, and his girlfriend at the time of his death has produced two holograph Wills that were written out and signed by Kinkade.
The above sounds simple enough, but there is much more to this story.
Thomas Kinkade died of acute intoxication having ingested lethal quantities of alcohol and Valium. An expert who evaluated the handwriting states that Kinkade must have been extraordinarily intoxicated when he drew up these last Will documents by hand.
Enter Thomas Kinkade’s wife Nanette. The artist was legally married at the time of his death, but he was estranged from his wife and living with his girlfriend Amy Pinto-Walsh. During happier times, Nanette and her husband executed a formal estate plan that is legally binding, and it was not changed in any way during the separation.
Nanette is contesting the validity of these holographic Wills which leave Pinto-Wash $10 million, Kinkade’s home, and a neighboring piece of property. She says that he was not of sound mind when he created the documents.
Individuals do sometimes enter into new relationships, and it is natural to want to provide something for people that you care about. However, you would do well to go through the correct channels. If you find that your existing estate plan is in need of an update, the responsible course of action is to sit down and make the necessary changes with the assistance of a licensed and experienced San Jose CA estate planning lawyer.
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