Unsigned Will Not Probated

Decedent gave instructions to attorney for the preparation of a will, but she died in the hospital without signing the will because COVID-19 protocols prevented her attorney or others from delivering the will to her for her signature, and so the will could not be probated. The conversations between the administrator and one of the intestate heirs were not sufficient to constitute a gift of the decedent’s real estate to the intended beneficiaries, or to apply equitable estoppel to the heirs. Administrator’s commission of 6% approved, but legal fees relating to equitable claims (but not the unsigned will) were denied. Bennett Estate, 12 Fid.Rep.3d 185 (Monroe O.C. 2022).

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