Legal Question in Wills and Trusts in California
I am in California. My mother is in hospice in a nursing home. I have obtained a copy of my mothers will. It is a printed form signed and notarized. No witnesses signed. Her executor is a "friend" whom is not named as a beneficiary. My mother named no beneficiaries. I have unsuccessfully filed for temporary/permanent conservatorship of my mother and her executor contested this. Judge ordered mediation but I had already spent thousands of dollars and could not continue my case. I contacted the attorney I had used for the conservatorship today and advised her of the will and she said as long as it is notarized it is valid. Everything I have read says it needs to be signed by 2 witnesses. I am so confused. My mother does have a small estate and when she does pass I might file to contest the will. Long story, sorry. Is my mothers will valid without 2 witnesses signing? Thank you
1 Answer from Attorneys
Sometimes the court will count the notary as one witness, but the will is still missing one. What do you mean your "mother named no beneficiaries?" What does the will say about who she is leaving her money to? You probably won't need to contest the will, and the judge isn't going to admit it to probate anyway. Sounds like a messed up situation.
Good luck.
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