Law Offices of XYZ 1300 Broward Boulevard Fort Lauderdale, FL 33311 305-554-7300 Fax 305-554-7301 www.xyzlawfirm.

com July 21, 2013 Via Facsimile and U. S. Mail Ms. Holly Dixon 2301 NW 21st Street Fort Lauderdale, FL 33311 Re: Dixon v. Cary Probate of Holographic Will Dear Mrs. Dixon, We met in my office on July, 19, 2013 to discuss your desire to challenge the admissibility to probate of the holographic will of you late husband Mr. Thomas Dixon. In the facts section of this letter, you will note that the opinion of our research is outlined and as of the date of this letter all applicable laws stated are valid. This letter is limited to the facts discussed and is drafted solely for your benefit and understanding. Please contact me personally if there are any findings of the facts that are not clear or if you find you have information that was not disclosed previously. Facts Mary Cary, who is the personal representative of Mr. Dixons estate and his sister, submitted for probate the holographic will of Mr. Dixon in which half the will is in the handwriting of Mr. Dixon and the other half is typewritten by his next door neighbor, Edgar Mae. Mr. Mae stated that Mr. Dixon requested that he finish the will because he, Mr. Dixon was too weak to continue. Mr. Dixon did sign the will; however, there were no subscribing witnesses to the will. The will does include a self-proving affidavit that meets the requirement of the state. Answer Based on the facts stated above, you will not be able to successfully challenge the probate of the holographic will of Mr. Dixon. The rules of law under the state statute that is applicable and court opinions interpreting the state statue clearly states that the last will and testament must be in the testators handwriting with two credible witnesses attesting if not wholly handwritten by the testator. Explanation Under Tex. Prob. Code. Ann. 59, the rule of law that governs attesting holographic will states that: , Every last will and testamentshall be in writing and shall, if not wholly in the handwriting of the testator, be attested by two or more credible witnesses. Also, the rule of law that governs holographic wills preparation is: Tex. Prob. Code. Ann. 60, Exception Pertaining to Holographic Wills and it states that: Where the will is written wholly in the

handwriting of the testator, the attestation of the subscribing witnesses may be dispensed with. Such a will may be made self-proved at any time during the testators lifetime by the attachment or annexation thereto of an affidavit by the testator to the effect that the instrument is his last will; that he was at least eighteen years of age when he executed itthat he was of sound mind; and that he has not revoked such instrument. Mr. Dixons will was not entirely in his handwriting; therefore under the statutory laws of Texas it is unable to be self-proved. There are several similarities in your case to the facts in Dean v. Dickey. The will was not wholly in the handwriting of the testator in this case. Half of it was typed as well and there was only one witness. As stated in the Texas law, every last will and testament must be in writing and sign by the testator with some other witness present and if not wholly in his handwriting, it must be attested by two credible witnesses. In the case of Dean v. Dickey probate was denied by the court for the reasons discussed above. I apologize that the answer may not have been as favorable as you expected and I do hope that your questions were adequately answered in the above information. Please feel free to contact me if you have any additional information or questions concerning this incident.

Sincerely Attorney at Law Sherron Neal-Putman

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