Legal Question in Wills and Trusts in California
Will does not mention granchild of a deceased son
Dad is deceased. Mom wanted to leave things the way dad intended. However, the will is not notarized and left out the fact that there is a deceased son with a daughter. I say the will is not valid and by rights of representation the pretermitted granddaughter can take her father's share. The estate will be based sale of the family home with a generous FMV of $300,000. Also, will this property have to be probated?
1 Answer from Attorneys
Re: Will doesn't mention deceased son
There are many unanswered questions here, so I'd recommend she see an attorney who can read the will, advise her regarding what would happen if she were to die with that will, and prepare a new one if that's required.
Regarding notarization, California doesn't require it--only two witnesses. Some other states do require notarization, and if the will was prepared in one of those states, it may not be valid.
Regarding the granddaughter, she generally would take her intestate share only if the will was made before her deceased father was born. If this is the case here, she likely would get her deceased father's share.
The property, if worth over $300,000, would generally go through probate, unless it's held in joint tenancy, held in a trust, or is left to a spouse.
As I said, there are more questions an attorney would want to ask here, so she ought to see one regarding her will. At the same time, she can update her medical and financial powers of attorney.
Chris Johnson
Christopher B. Johnson, Attorney at Law
614 East Colorado Boulevard, Pasadena, CA
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