Elijah Forkner died on June 26, 2020, and was survived by his seven children. Prior to his death, Elijah composed a handwritten document that appeared to give most of Elijah’s possessions to his daughter Mimi Berry Forkner and stated Mimi was “to have 100 percent say when it come [sic] to my well-being.” It was signed by Elijah and dated May 19, 2020. Mimi filed a petition for appointment as personal representative of Elijah’s estate and for letters of administration. She submitted the handwritten document as Elijah’s holographic will. Elijah’s son, Winfred Forkner, filed a petition contesting the will, alleging it was invalid and should be set aside. Two of Elijah’s daughters, Tamika Forkner and Betsey Randolph, also objected to the document and alleged it was not a valid will, and if it was found to be valid, it was a product of undue influence. The trial court granted Mimi’s petition for appointment as personal representative and for letters of administration and admitted the handwritten document as Elijah’s will as it “appear[ed] to meet the requirements of a holographic will….” Several motions and responses were filed back and forth. On May 9, 2023, the trial court entered a final judgment finding no “suspicious circumstances surrounding the creation of the will” sufficient to raise a presumption of undue influence on Mimi’s part. The trial court did find that some provisions of the will were ambiguous and would pass according to intestate succession. Mimi appealed and Tamika and Betsy cross-appealed.

The appellate court held that the trial court did not err in admitting the holographic will to probate. Roger Morton, an attorney who met with Elijah and his late wife Juanita to prepare estate planning documents, testified that Elijah showed him the document during a meeting, and it was Elijah’s signature on the document. Additionally, the document was wholly in Elijah’s handwriting. The document met all the requirements of a holographic will. The appellate court also held that the trial court did not err in finding that Elijah’s home and 35 acres should pass to his seven adult children according to intestate succession because Elijah stating that he wanted his home to stay “as is” fails to indicate to whom the land should be distributed; it cannot simply stay “as is.” The appellate court did reverse the trial court’s award of attorney fees to Mimi but affirmed all other rulings.

As this case shows, trying to “do it yourself” with estate planning documents to save money can create much more confusion, conflict and expense than getting good professional help with such planning. Call us at Courtney Elder Law Associates for expert help with wills, trusts, powers of attorney and other planning documents.

IN RE THE ESTATE OF ELIJAH FORKNER, DECEASED, 2024 WL 4944248 (MISS. APP. DECEMBER 3, 2024)