Legal Question in Wills and Trusts in California

My dad just died. I found 2 wills...one naming my mom durable power of attorney and another naming me. Both were signed by him and notarized on the same day. The one naming my mom has her signature but the one naming me, i never signed because I never knew about it. Which is valid? Are both?


Asked on 12/13/12, 6:15 pm

2 Answers from Attorneys

Scott Jordan Jordan Law Office

I am sorry for your loss.

Neither is enforceable, because when your father died, the durable power of attorney ended.

You also state you have two wills. Which one is the last one signed. Are there two witnesses, and not a notary? Does the last will state that he revoked "all prior wills" or some language to that effect?

I suggest you contact a local probate attorney to review the documents and to determine how his estate would be distributed.

Again, my condolences on the loss of your father.

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Answered on 12/13/12, 6:33 pm
Anthony Roach Law Office of Anthony A. Roach

You are mixing up legal terms. A power of attorney is automatically revoked upon the death of the person who signed the power of attorney. A will takes effect when the person who made the will died.

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Answered on 12/15/12, 1:08 pm


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