My partner passed away unexpectedly 7 weeks ago, and he didn't has a will. During years together, when will topic came up in our conversation and he did tell me about his wishes. He pointed out certain things want to pass to his nephew and niece, profit sharing and insurance to his sister to take care his funeral. The house and everything he has by the time will go to me to do whatever i want. Since he didn't has a will and we didn't register, so his sibling hiring an attorney to do probate. Last week when i was reading all the email he had been sent me, and in one particular email he did sent me in 2002 and a part of the email was "We will take care of each other and have a good life together. I know that I will not live as long as you and the day will come that I will leave you behind. But when that day comes I hope that I will have you well taken care of. Everything that I have at that time will be left to you to do whatever you want and what will make you happy. Hopefully that will be many years from now." This is same as what he had been told me in our conversations when we talk about if anything happen to each other. I hope i will able to get some legal advice or opinion can be possible to help me have his inherits.
1. Is an email can be will? Since an email is consider Digital/Electronic evidence,and many courts in the United States have applied the Federal Rules of Evidence to digital evidence in the same way as more traditional documents, courts have noted very important differences.
2. Is this email can help me in legal way to have his inherits like property, truck, and other assets?
3. Is an email can be Holographic Will and is it properly executed if email can be Holographic Will? I did find that Holographic Wills are not recognized as valid Wills in Hawaii state. If a holographic Will was properly executed in a state recognizing their validity, then such a Will may be admitted to probate in Hawaii. Moreover, he was writing this email at LA Airport waiting his flight to come back Hawaii when as he mentioned in this email, so i am wondering is it can be valid since in California A Holographic Will is recognized as a valid Will, whether or not witnessed, as long as the signature and material portions of the Will are in the testator's own handwriting. A Holographic Will may be held to be invalid if it does not state the date of the execution and the date cannot be proven. A Holographic Will is also considered invalid if the testator lacked the required mental capacity to execute a Will.
4. Is this email has any possibility to help me to have his inherits?
Thanks in advance for any answer i will get!
1. Is an email can be will? Since an email is consider Digital/Electronic evidence,and many courts in the United States have applied the Federal Rules of Evidence to digital evidence in the same way as more traditional documents, courts have noted very important differences.
2. Is this email can help me in legal way to have his inherits like property, truck, and other assets?
3. Is an email can be Holographic Will and is it properly executed if email can be Holographic Will? I did find that Holographic Wills are not recognized as valid Wills in Hawaii state. If a holographic Will was properly executed in a state recognizing their validity, then such a Will may be admitted to probate in Hawaii. Moreover, he was writing this email at LA Airport waiting his flight to come back Hawaii when as he mentioned in this email, so i am wondering is it can be valid since in California A Holographic Will is recognized as a valid Will, whether or not witnessed, as long as the signature and material portions of the Will are in the testator's own handwriting. A Holographic Will may be held to be invalid if it does not state the date of the execution and the date cannot be proven. A Holographic Will is also considered invalid if the testator lacked the required mental capacity to execute a Will.
4. Is this email has any possibility to help me to have his inherits?
Thanks in advance for any answer i will get!
