In re Estate of McKagen

By Judge Robert J. Smith

This matter came before the Court on December 5, 2014, on the Executor’s motion to have two handwritten notes included with the decedent’s will accepted as true holographic codicils to the will. For the reasons set forth below, the Executor’s motion to admit the December 7, 2012, writing to probate is granted, and the motion to admit the March 2, 2012, writing to probate is denied.

I. Factual Background

Helen McKagen died testate on November 10,2014. Three grandchildren survived her: Branden McKagen, Nika McKagen, and Ian Kustchatka. Her daughter-in-law Tatiana McKagen…