In 2016, Iverson was reviewing his files in preparation of retirement and noticed that the pagination on the will was not printed correctly, and that the witness initials had been pushed to the top of the next page instead of being at the bottom of the page. The Formal Willĭecedent executed the formal will in August 2015, with a notary and witnesses. Coleman’s “wishes,” he deleted “a lot of things” from the template. Iverson testified that, to make the will conform to Mr. Coleman’s will, Iverson used a former client’s will as the template. Iverson testified that it was his intention to prepare a will that mirrored the handwritten will.
Decedent decided that Iverson should prepare a formal will based on his handwritten will. Vivian faxed the will to attorney Chris Iverson, who thought it was probably valid but recommended that Decedent execute a formal, self-proving will. If anything happens to Howard W Coleman it will go to my daughter Nadine Odom then to Thomas B Coleman.”ĭecedent had concerns about the validity of the handwritten will. leave all my worldly goods, land, property accounts all that I own to my son Howard W. Howard’s wife Vivian was with Decedent when he wrote the will. Decedent did not, but hand wrote a will the very same day. The nursing home staff asked Decedent if he had a will. Howard and his wife were the only family members who helped Decedent move into the nursing home, and Howard visited almost daily. In 2015 Decedent required heightened care and moved into a nursing home. From 2000 to 2015, Decedent’s son, Howard, cared for him in Decedent’s home. Howard Coleman was survived by four of his children: Carolyn, Nadine, Thomas, and Howard.
Coleman, the Court of Appeals for the First District of Texas affirmed the probate court’s reformation of a will based on a cut-and-paste mistake, even though the terms of the will were unambiguous.