Legal Question in Wills and Trusts in California

is a change in a will legal if it wasnt witnessed before death

A friends mother ws in the process of changing her will but hadnt yet had it signed and witnessed before her death. Originally my friend had been left nothing from her mother but in the last few years she had been living with and caring for her mother. Her mom was inthe process of changing her will to include this daughter and to provide for her and her granddaughter. What legal rights does she have? There are two pieces of property ionvolved.

Asked on 2/09/06, 10:25 pm

1 Answer from Attorneys

Edward Ardzrooni Law Offices of Edward Ardzrooni

Re: is a change in a will legal if it wasnt witnessed before death

The unsigned will is completely ineffective to pass any property to the daughter.

However,the daughter may have rights if the prior will is for any reason defective,because sahe would be an heir if there is no valid will.

Also, if the daughter had any letter or other written paper signed by her mother and acknowledging appreciation for the daughter's care and stating that she will make it up to her by leaving property to her, then that could make "other bets off" even though there is no signed will.

Your friend needs to consult an attorney directly.

This statement does not arise out of any attorney-client relationship, and is notto be relied on by anyone as in planning their legal actions orlegal inactions.

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Answered on 2/09/06, 10:41 pm

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