Can a Handwritten Document Change Your Estate Plan? Lessons from Larry King's Estate
- Colin McMichen
- Jul 16
- 6 min read
Most people assume that once they sign a will or trust, their wishes are settled—and in most cases, they are. Properly prepared and executed estate planning documents provide clear instructions for how assets should be managed and distributed.
However, life circumstances change. Marriages end, families grow, and relationships evolve. When those changes occur, estate plans can and should be updated, but the changes must be made through the proper legal process.
But what happens when those legal formalities are not followed? Can a handwritten document change your estate plan? The answer depends on the type of document involved, the laws of the state where you live, and whether the applicable legal requirements were satisfied.
The highly publicized estate dispute involving legendary broadcaster Larry King illustrates the risks that can arise when someone attempts to make informal changes to an existing estate plan rather than formally updating the underlying documents.
The Larry King Estate Dispute
Larry King died in January 2021 at the age of 87 after a broadcasting career that spanned more than six decades.
At the time of his death, Larry King and his seventh wife, Shawn King, were in the midst of divorce proceedings that had not yet been finalized. Because the divorce remained pending, questions arose regarding the effect the pending divorce would have on his existing estate plan.
Shortly after Larry King's death, a handwritten document dated October 17, 2019, surfaced. The document, which King reportedly prepared approximately two months after filing for divorce, stated that it was his "Last Will and Testament" and that it was intended to replace his prior writings. In the document, King expressed his desire that "100%" of his funds be divided equally among his children. The handwritten document appeared to conflict with his existing estate planning documents and did not provide for his wife, Shawn King. Unlike many informal notes or handwritten instructions, the document was signed by Larry King and witnessed by two individuals.
The handwritten document immediately raised several important legal questions:
Was the document legally valid?
Did Larry King intend for it to replace his prior estate plan?
Did it satisfy California's legal requirements for a will or amendment?
How would the pending divorce affect the outcome?
Which document truly reflected his final wishes?
The uncertainty surrounding the handwritten document ultimately resulted in litigation between Shawn King and several of Larry King's children over his true intentions and the validity of the informal changes. Specifically, Shawn King raised questions regarding Larry King's mental capacity at the time he prepared the handwritten document and whether undue influence played a role in its creation.
Although the parties eventually reached a confidential settlement, the dispute illustrates how informal estate planning changes can create conflict and uncertainty for surviving family members.
Can a Handwritten Document Change an Estate Plan?
The answer depends heavily on state law.
California, where Larry King's estate was administered, recognizes certain handwritten wills, commonly known as holographic wills, if specific legal requirements are met.
Alabama and Florida have stricter statutory requirements, including the presence, and signature, of two witnesses when the document is signed.
As a result, a handwritten note, marked-up will, or informal instruction often does not accomplish what the person intended.
In many cases, the result is that:
The original will controls.
The trust continues to operate under its existing terms.
Beneficiary designations remain unchanged.
Assets pass in a manner the deceased person no longer intended.
Informal Amendments Often Create More Problems Than They Solve
It is common for people to experience major life changes after signing their estate planning documents.
Relationships evolve.
Families grow.
Assets change.
People remarry, divorce, relocate, or lose loved ones.
Unfortunately, many people intend to update their plans but never complete the process. Others attempt to make changes themselves by writing notes, making handwritten edits to documents, or leaving instructions in letters or emails.
These informal efforts frequently create additional questions:
Was the change legally effective?
Was it intended to replace an earlier document?
Did it apply to all assets or only certain assets?
Was the person legally competent at the time?
Which instructions should the family follow?
The answers are often determined by courts rather than families.
Three Events That Should Trigger an Estate Plan Review
Divorce or Separation
Few life events affect an estate plan more significantly than divorce.
Beneficiary designations, fiduciary appointments, and inheritance provisions may all need to be updated following a divorce or separation. However, individuals going through a divorce should proceed carefully before making changes to their estate plan or transferring assets. Because estate planning decisions can affect court orders, settlement negotiations, and property division issues, it is important to consult with your family law attorney before making changes to ensure they do not unintentionally impact the divorce proceedings.
Once those issues have been addressed, coordinating with an estate planning attorney can help ensure that your estate plan reflects your new circumstances and long-term goals.
Remarriage or the Formation of a Blended Family
Second marriages often involve balancing the interests of a surviving spouse with those of children from prior relationships.
Thoughtful planning can help provide for a spouse while preserving inheritances for children and reducing the likelihood of future disputes.
Major Changes in Assets or Family Circumstances
An estate plan should also be reviewed after events such as:
The birth of a child or grandchild.
The death of a beneficiary, trustee, or executor.
The sale of a business.
A significant inheritance.
A move to another state.
Even in the absence of major life changes, reviewing your estate plan every three to five years is generally a good practice.
Updating an Estate Plan Is Usually Easier Than People Expect
Fortunately, changing an estate plan is often straightforward when handled properly.
Depending on the circumstances, updates may involve:
A codicil to an existing will.
An amendment to a revocable living trust.
Updated beneficiary designations.
New powers of attorney or healthcare directives.
A complete restatement of a trust or will when substantial revisions are needed.
Completing changes through the proper legal process helps ensure that your wishes are clear, enforceable, and less likely to be challenged.
The Lessons from Larry King's Estate
The dispute involving Larry King's estate highlights several important lessons:
Informal amendments often create confusion.
Estate planning changes should be completed properly.
Divorce and remarriage should trigger an immediate review of your estate plan.
Major life events should prompt updates to beneficiary designations and fiduciary appointments.
The cost of updating an estate plan is usually far less than the cost of litigating one.
The lessons are not limited to celebrities or high-net-worth families.
Similar disputes occur every year involving ordinary families who intended to update their plans but never completed the necessary legal steps.
When it comes to estate planning, intentions matter—but properly executed documents matter even more.
Your Next Step
If you have experienced a divorce, separation, remarriage, the birth of a child, or another significant life event, it may be time to review your estate plan.
A quick review can help identify whether your current documents still reflect your wishes and whether updates are needed to your will, trust, beneficiary designations, powers of attorney, or healthcare documents.
If you are going through a divorce, it is especially important to coordinate with your family law attorney before making changes to ensure your estate planning decisions align with your divorce strategy and do not create unintended consequences.
Your estate plan should reflect your current circumstances—not a past version of your life. Taking the time to update your documents properly can provide clarity for your loved ones and help prevent the confusion and conflict that can arise when intentions are not clearly documented.
About the Author
Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama-based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families in Alabama and Florida navigate complex legal matters with confidence.
Disclaimer
This article is intended to provide general information and help you think through important estate planning decisions. It is not legal advice and does not create an attorney-client relationship. Because every situation is different, we encourage you to consult with an experienced estate planning attorney to discuss your specific goals and needs.
Comments