Coronavirus is here in Tulsa, and as Tulsa shuts down in attempt to deal with the Coronavirus outbreak, many people are left with fear and anxiety,  I wanted to just talk about the importance of having an estate plan.  While most of us just think of a will or a trust as our estate planning documents.  Estate planning goes much further in helping you live your life now.  This is accomplished through other important documents such as powers of attorney, advance directives for medical care, naming a healthcare proxy in case you are no longer able to make decisions for yourself.

At this time it is important for everyone to have a will, especially those with minor children. A will can be used to name guardians for your children, and the court will look to your will and your wishes and in most cases will respect those wishes. 

I will doesn’t have to be complicated, in fact you can write your own will today.  I’m gonna give some free advice, which as an attorney is always dangerous, but you can in fact create what is referred to as a holographic will right at your kitchen table.  A holographic will simply means that it is in your own hand writing.

What you will need!

1. A piece of paper.

2. A pen.

Rules you need to follow in order for your holographic will to be valid in the state of Oklahoma.

1. Your will must be handwritten. No one else can write a holographic will for you. It must be completely handwritten any typed words on the document will cause it to be invalid.

2. You need to make sure that you state whether or not you have children.  If you have children, list their names, aknowledging that they are your children, even if you are not leaving anything to them.

3. You must state that this will revokes any previous wills, or write a similar sentence clearly stating that this new handwritten will is how you want your property distributed after your death. For example, you could write something like the following:

“This will is my last will and testament. It is my intent to dispose of all my property through this will. I revoke any previous wills that I have written.”

4. You should number the pages in order and state how many total pages there are in all. stapling the pages in order is not enough! It should be clear to someone reading the will the order of the pages. For example, if your will is 8 (eight) pages long, write “page 1 of 8” on the bottom of the first page, write “page 2 of 8” on the second page, and so on until you get to page 8 of the 8 pages.

5. You must Sign your name at the very end of the will. Write the date above your signature at the end of your holographic will.  Your signature must be the very last thing! There should be nothing written or marked after your signature!

6. You must not have any witnesses sign your holographic will! This will invalidate the will.

7. You must not have your holographic will notarized. (I know that sounds counterintuitive, but this will invalidate the will).

8. You should go ahead and make several copies of your holographic will. Don’t sign the copies. Write notes on the copies letting people know where the original copy of your holographic will is kept.  When it comes time to probate your estate, the Tulsa county probate judge will need the original holographic will.

9. You can file your original will in the Probate Division of your county courthouse or store your holographic will in a safe and fireproof place. Putting your will into a safe deposit box may keep your will from being honored if you are the only person who can get in to that box. It might be better to file the original will in the Probate Division of your county courthouse. The court clerk will file your will for “safekeeping” for free or very low cost.

10. Make sure your personal representative is someone you trust. The personal representative distributes your belongings and property as arranged in your will. Tell your personal representative where you put your will.

Example of a Holographic Will (obviously this will be in your own handwriting!)

Last Will and Testament

I, John Doe Sr., state that this is my last will and testament.  I revoke any prior wills.  I give all of my property through this will.

I am not currently married.  I have two children, John Doe jr. of Stillwater and Jane Doe of Tulsa.  I appoint my sister, Ruby Responsible, to be my personal representative.  If she cannot serve then I appoint my oldest son, John Doe jr..

I give all of my stamp collection, to my granddaughter Mary Doe.  I give all of the rest of my property, real and personal, which I own at my death to my Children John Doe jr. and Jane Doe, equally.
Dated March 20, 2020                                                                                         Page 1 of 1
John Doe Sr. (signature)