Legal Question in Wills and Trusts in California

My fiance, has two existing wills. One that has been signed and submitted for over 18 months and as of the week ending in 8/21/09 had a new will created by her lawyer.

The new will does not have my signatures on it.. is this most recent will valid?

The signifigcant changes to the Will are : power of attornery shifted from her brother to me, her business and properties were shifted from her brother to me.

And she passed away yesterday.


Asked on 8/25/09, 12:38 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

I'm very sorry to hear of your loss. Your signature was not required on your fiancee's will. To be valid, she had to sign it in front of two witnesses, who also should have signed it. Or, she could have handwritten the material terms, signed and dated it to be a valid holographic will.

In essence, it's difficult to tell from the facts you presented whether she followed the formalities of will creation. The power of attorney expired at the time of her death.

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Answered on 8/25/09, 5:22 pm


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