Legal Question in Wills and Trusts in California

Re: Can the benificiary also be the witness on the will?

save yourself ,and your children some or alot of money and see a experienced estate planning attorney who can give you suggestions, alternative, tax advice and real live advice if the kids are minors, yor probably need a trust and you don't have the knowledege, experience and ability to do this your self. how many times have i had to deal with self made wills/trusts which cost more in fees, taxes and headaches when unsophisticated people think they know what they are doing and save a fraction of what it cost in the future to attempt sometime to correct their mistakes ---- i can see from your questions you don't know encugh to write the document you need!!!!!!! I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Re: Can the benificiary also be the witness on the will?

In response to your question, you can have the beneficiaries witness the will (it does not have to be notarized) but you will be creating problems for them.

The Probate Code requires two disinterested witnesses. "Disinterested" means that they are not taking under the will. If you have beneficiaries witness the will, the law presumes that they exercised undue influence, etc. While this may not be true, that's the law.

Anyway, what will happen is that your parents, as the witnesses and beneficiaries will have to prove that they did not influence your choice to leave them whatever you happen to leave them in the will. If they can't prove it, the law limits them to inheriting what they would have gotten if the will didn't exist. It can become very messy.

It would be a good idea for you to consult with an attorney about a revocable trust and other estate planning issues.

Re: Can the benificiary also be the witness on the will?

People mentioned in the will should not be witnesses, as California law presumes they exercised undue influence on you, and they must overcome tha

Re: Can the benificiary also be the witness on the will?

People mentioned in the will should not be witnesses, as California law presumes they exercised undue influence on you, and they must overcome that presumption to make the will valid. The witnesses should be people not otherwise in your will. Notarization won't help because it has no effect on a California will.

Further, I'd suggest an attorney prepare the wills, because your question makes me fear your will may not have the best distribution for your children. A will with a simple trust for your children's benefit would seem better than giving the money outright to your parents--the trust protects the children's inheritance from your parents' creditors, lawsuits, and even your parents. They can still be trustees, and the money would be better protected. You may also want to consider a living trust to avoid probate fees, and coordinate any life insurance beneficiary designations with your estate plan to avoid further unnecessary probate court expense.

Re: Can the benificiary also be the witness on the will?

a beneficiary should not act as a witness to a will. notarization is not appropriate for wills, rather 2 independent witnesses are needed.

SEE:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6110-6113

you should consult an experienced and knowledgeable estate planning attorney. what you are trying to accomplish in your will needs to be done properly - and there are alternatives which you should consider.

Re: Can the benificiary also be the witness on the will?

A notarized will IS NOT VALID in California. Nor should a beneficary be a witness. Finally, if you own real property, you should consider a revocable trust instead of a standard will. Could save thousands of dollars later.