Legal Question in Wills and Trusts in California
My ex brother in law passed away recently, his estate is under $150,000. He had done a will nameing his office manager and my sister and his brother. He also had a POA in the office managers name to run his business while he was in the hospital. When he came home he found out the office manager was transfering many of his business accts to her mother,(who is in the same business) and his house was in default because she had stopped paying all the bills. He filed a police report, let her go and did a new will on line. Also he revoked the POA and did one in my sisters name. But the new will is not witnessed...he died a few days after it came in the mail. Is the new will valid?
1 Answer from Attorneys
Probably not. A will must be signed by the creator and witnessed by two individuals. However, since the estate is worth less than $150,000, probate is not required either. A small estate affidavit is probably sufficient to obtain the estate assets.
However, if someone wants to sue the office manager for the return of stolen assets, someone should file probate and be named as administrator of the estate. The administrator will have the authority to file suit on behalf of the estate.
You should seek out the counsel of a local probate litigation attorney.
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