Legal Question in Wills and Trusts in California

Will

We just buried my father and there has been a couple of my family members who have pulled me aside to tell me that my father has a Will. My step-mom told me that he doesn't have one. How do I go about confronting her with it, and what if my father's Will isn't notarized, does that matter?


Asked on 3/25/09, 10:14 pm

2 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Will

You need to ask her straight up for your father's will. If she claims it doesn't exhist, then you might want to open probate through intestate succession. Wills don't have to be notarized. They must be witnessed, however. Call my office if you'd like assistance.

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Answered on 3/26/09, 1:45 am
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Will

you should retain a qualified attorney to advise you and prepare any needed petition for probate. wills are witnessed, not notarized, but certain formalities are required (unless the document qualifies as a holographic will).

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Answered on 3/26/09, 10:08 am


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