Legal Question in Wills and Trusts in California

can I create a will if I am undocumented?

I live in California. I'm not a resident or citizen of U.S. I am a Mexican citizen. My son is a U.S. citizen. I want to create a will in case something were to happen to me. I'm not married and would like to leave everything to my son, he is a minor. Would the will be valid in California?

Thank You


Asked on 10/25/06, 2:38 pm

4 Answers from Attorneys

Kurt Seidler Law Offices of Kurt A. Seidler APC

Re: can I create a will if I am undocumented?

Of course you can. You should see an attorney to write a will that is in accordance with our laws.

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Answered on 10/25/06, 2:41 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: can I create a will if I am undocumented?

Yes, there is no citizenship criteria to draft and properly execute a legal will in California, so long as the property at issue is situated there per se. If you would like prompt, affordable legal assistance in drafting this very important document to protect you and your son, contact us today for a free phone consultation.

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Answered on 10/25/06, 2:51 pm
Scott Linden Scott H. Linden, Esq.

Re: can I create a will if I am undocumented?

After researching the Probate Code, we could find no limit to your creating a Will.

You should be aware, however, that a Will may still require a costly Probate if the total value of your assets is over $100,000. If you own a home, this is pretty much assured in today's market.

Our office can prepare you a Will as well as a trust so that you will not have to go through Probate. The limitation on the trust, however, would be that you could not be named as a trustee because of your citizenship.

Please feel free to contact our office to set up a free consultation with Attorney Charles Schofield or Attorney Anthony Grossman.

Please also feel free to learn more about Trusts and Wills on our firm's website at No-Probate.com.

Regards,

Scott Linden

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Answered on 10/25/06, 3:37 pm
Joshua Hale Hale Law Group

Re: can I create a will if I am undocumented?

Yes you can create a will for your son. You may also have other options. I would be happy to help you, I am an attorney in San Diego and live in Mexico, so I may be able to help you with your unique situation. Please call my office for an appointment.

JDH, Esq.

619.298.1969

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Answered on 10/26/06, 12:04 am


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