Legal Question in Wills and Trusts in California

My 88 yr old uncle in California asked me to create a simple online will for him, listing one executor and one beneficiary (including the alternate person) for everything he owns when he passes. I did so but wonder if it is just as valid as if I had gone through an attorney. It requires 2 witness signatures and no notary. 15 years ago he had an attorney do an estate/trust plan, but the attorney was unprofessional, overcharged him and the attorney's license has since been revoked. His wife is deceased, no biological kids, he sold all his real estate and has beneficiary names on all bank accounts. Will the total legal doc will suffice? Thanks.


Asked on 1/02/18, 10:45 am

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

If he has beneficiary designations on his bank accounts, then those accounts are outside of Probate and whatever funds are in those accounts will go to whoever is designated at the time of his death. Without seeing the Will you created on line and without knowing how it was executed, it is impossible to tell you whether it is valid. One question: Does the Will attempt to bequeath funds subject to the accounts with beneficiary designations and if so are the beneficiaries the same? That could create confusion upon your uncle's death as to what his intentions are. Which, by the way, is one good reason to go to a reputable attorney and prepare an Estate plan.

Read more
Answered on 1/02/18, 10:52 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California