Legal Question in Wills and Trusts in California

My fiance recently passed away. We had just finally settled a legal claim which gave him 40% interest to a trust, which holds some significant assets. His former attorney on that case is now telling me he does not have the signed Will he prepared on his behalf, which left me as the Executor and sole beneficiary. What can I do?


Asked on 12/18/12, 5:33 pm

2 Answers from Attorneys

Victor Waid Law Office of Victor Waid

Where might the signed will be? Safe deposit box maybe? Does his former attornery have a copy or a computer copy? Who were the witnesses that signed the will at the time of signing by your fiance'? Track them down and find out if they have any information. You need to address these questions. If no answers, are forthcoming, your fiance's estate will go to his siblings and or his parents, or his children if any, by the statutory scheme set forth in the probate code.

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Answered on 12/18/12, 6:36 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

I agree with Mr. Waid, and would add that you can also try to probate a "lost" will. There's a rebuttable presumption in California that if the will can't be found, the will-maker intended to revoke it, but the presumption can be overcome with evidence that he didn't intend to revoke it and it's merely lost. If this is the case, I strongly recommend using an experienced probate attorney to overcome the presumption in court.

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Answered on 12/18/12, 7:49 pm


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