Legal Question in Wills and Trusts in California

If the will wasn't signed, it won't be valid unless it was in her handwriting. On the other hand, the power of attorney may have enough of the right language to make the car a gift to you--I'd have an attorney review the documents to give you a better idea of what your rights to the car are.

Probate is the court process of ensuring that your friend's debts are paid and that her remaining assets go to the people she left them to by her last will, or if no will, her heirs under the law. It's required when the assets are $100,000 in value or more--if less, the assets can be transferred using notarized affidavits under California probate code sections 13100 and 13101.

I disagree with Mr. Johnson. Even if the will was in her handwriting, it is not a valid holographic will if it is unsigned. "A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator." (Prob. Code, sect. 6111.)

If there is a valid will, which under the facts you described is questionable and will likely require a court proceeding to determine, there is a simple procedure for dealing with cars. Check the DMV website to see what has to be done. If there is no valid will, as a friend you will not have any rights to any property of the decedent.

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