Legal Question in Wills and Trusts in California
Holographic wills in California
I have heard that while it is best to consult an attorney about a will, that in the meantime you can fill out a will entirely by longhand and without a witness that is properly signed and dated to legally protect your family and property
in the meantime. I was told this is called a Holographic Will. If true, is this legal in California?
2 Answers from Attorneys
Re: Holographic wills in California
It is legal in California but just because it is legal does not mean that it will stand up in court if it is contested. The advantage of hiring an attorney to draft a will is they know the proper language, they are a witness to your state of mind at the time the will was drawn up and you can name the lawyer as executor to carry out your instructions as set out in the will. Depending on your assets you may want to look into other possibilities as well. Such as a living trust. With a living trust your family can avoid the hassles of probate and taxes. It does cost a little more for the living trust because it involves some financial planning. I usually charge $300 for a simple will. Like I said the living trust is a little more time consuming and until I know what kind of assets you have I cannot give you a quote. In the long run it will save your family time, money and the hassle of probate. Even if you just want something that says who gets what in case of an emergency I would still recommend the trust. If you would like additional information about drawing up a will or a living trust please feel free to contact me at 888-563-8529. The call and consultation are free. I look forward to speaking with you.
John Hayes
Re: Holographic wills in California
They are valid in Ca
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