In re Estate of Castro
Lorain County Court of Common Pleas
No. 2013ES00140 (2013)
Knowing death was imminent after refusing a blood transfusion, Javier Castro dictated his wishes to his brothers Miguel and Albie, who, lacking paper, used Albie's tablet computer and stylus to handwrite what Javier said; Miguel and Albie both testified each section, and the whole document, was read back to Javier, and that he signed the tablet-based will in their presence, corroborated by Javier's nephew (who also witnessed the signing) and other witnesses who testified Javier told them he had signed the will on the tablet. Miguel presented a printed copy of the document in court bearing the signatures of Javier, Miguel, Albie, and Javier's nephew, and the court had to decide whether the tablet-based document constituted a valid signed writing and whether sufficient evidence established it as Javier's actual last will.
Whether a will handwritten by another person and digitally signed using a stylus on a tablet computer, in the presence of witnesses, satisfies a state's statutory requirements for a signed writing sufficient to constitute a valid will.