August 2025: 

The MLO Minute: “X’s and O’s, But No Signature on Sticky Notes, Do Not Make a Will” — 

By Dennis McAndrews, Esq., Founder and Managing Partner Emeritus — 

In a recent unusual case, the court was tasked with deciding if sticky notes left on a table near a decedent’s body could constitute a valid will. In this case, Jamie Bixby was found dead at her home in June 2023. Sheriff’s deputies found two sticky notes on a coffee table. The first read: “I’m sorry, I just don’t have the tools for this. Beth [Levendis] gets everything.” The other stated: “Also, sorry universe, thank you for the experience…. maybe XO.”

Jamie’s five sisters applied for probate of Jamie’s estate, alleging that they were the sole surviving heirs. Beth was a friend of Jamie and asserted that Jamie left a holographic will (a handwritten and signed document) via the sticky notes naming her as the sole beneficiary of Jamie’s estate. The sisters claimed that the sticky notes were not a valid will and that Jamie died intestate, thus leaving her entire estate to her sisters.

The trial court agreed with the sisters, holding that the sticky notes were not a valid will because they lacked a signature. Beth appealed, arguing the trial court erred in determining that the written “XO” at the end of the second note was not a signature. But the appellate court affirmed and held for the sisters, holding that Jamie’s “XO,” even if she intended it to be a signature (which was unclear in any event), does not legally qualify as a signature, nor does it qualify as a “mark” substituting for a signature.  Moreover, Jamie’s name did not appear anywhere on the sticky notes, and the notes were not witnessed. Finally, the court noted that “XO” is typically used to express affection or friendliness in correspondence and not to authenticate a document as a signature or its equivalent.

The moral of the story is clear. Don’t rely on sticky notes or any handwritten papers to establish your will but rather seek capable professional advice to be sure that your wishes are valid and carefully followed. Our Estates and Trusts Department looks forward to serving your needs and that of your family with our skillful, experienced attorneys and our excellent support staff.