Estate Planning | Making a Difference One Family at a Time

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willA will that is drawn up by hand and signed by the testator is called a holographic will, and it does not have to be witnessed or notarized. Back in the day, some people would create these wills on their death beds, it can also be a battlefield solution.

These days, most people know that it is probably not wise to get out a pen and jot down your final wishes with no one else around. This being stated, about half of the states in the union will recognize holographic wills, but there are stipulations in some of the states.

Here in Connecticut where we practice law, holographic wills are not recognized, but they are legal in California where the painter Thomas Kinkade lived and died.

Estate Planning Fiasco

Kinkade passed away back in 2021, and from an estate planning perspective, you can learn something from his misguided approach to the planning process. He died from acute intoxication after chasing diazepam, which is the generic name for Valium, with a lot of alcohol.

The self-proclaimed “Painter of Light” was legally married at the time of his death, but his wife, Nanette, had filed for divorce two years before his passing. During this interim, he developed a relationship with a woman named Amy-Pinto-Walsh, and they lived together for 18 months.

After Kinkade’s death, his wife wanted no part of Pinto-Walsh. She was not admitted to the funeral, and Nanette filed a breach of confidentiality lawsuit against her for good measure.

Pinto-Walsh was not about to disappear quietly into the night. She presented two holographic wills that were allegedly drawn up by Kinkade to court. The first one left her Kinkade’s home, a neighboring property, and the sum of $10 million with no particular stipulations.

In the second will, Kinkade clarified the purpose of the $10 million. It was to be used by Pinto-Walsh to establish a museum that would house his works.

The existence of the holographic wills was a bit unusual, but there was a more profound extenuating circumstance. It was difficult for anyone to read the wills because they were so sloppily written, as though the testator was heavily intoxicated.

A will can be deemed invalid if the testator was not of sound mind when it was created. However, from a legal perspective, you are not necessarily mentally incapacitated when you are intoxicated, so it was not a slam-dunk case.

Ultimately, the two parties reached a settlement, and the matter was closed. The details have never been made public.

Requirements for a Valid Will in Connecticut

DIY estate planning is risky at best, and this is true even if you use a download or worksheet that you can buy online. As a layperson, you may make errors that yield unintended consequences, and you should consider all the asset transfer methods that are available to you.

This being stated, while we are on the subject, we should share the send us a message to request a consultation appointment, and we can be reached by phone at 860-548-1000.

 

 

Jeffrey A. Nirenstein, Estate Planning Attorney
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