Legal Question in Wills and Trusts in California
Legailty of Handwritten Journals
My sister and I are Co-Executors of our parents estate. There are 4 natural children. Our Dad made loans to us. He kept the loans amounts and payments back to him in his own journals, in his own handwriting, for decades, as was his style of book keeping. We know our own individual loan amounts, or close to them. Dad didn't put in dates on some of the loans or the payments he received. Some of the checks or cash he received back don't show in his bank accounts. Two of the children are disputing now, saying that if there is no paper trail to prove those paybacks, then they don't count. From journal to journal he ''carried over'' the balances and then did continued more loans or payments, all in his own handwriting. How much credence will these journals have? Do we have to repay the amounts already shown as paid if we have no paper trail as proof?
Are his journals legal and will they hold up in court?
Thank you.
2 Answers from Attorneys
Re: Legailty of Handwritten Journals
your characterization of the documents cannot be commented on unless an attorney can review each one and determine their evicence weight and effectivness --- I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
Re: Legailty of Handwritten Journals
this is an issue of evidence. the contemporaneous journals are evidence of repayment of loans, but not the best evidence.
you should be able to obtain copies of cancelled checks which you used to repay the loans from your bank.
the final outcome is not possible to predict and will depend upon the probate court judge who will review the evidence presented by both sides.
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