Legal Question in Wills and Trusts in California
Is this a legal will?
Recently my 62-year-old boyfriend, with whom I have lived for 12 years, made a will from an online willmaker. He was still legally married to someone else at the time, and is still not divorced. In this will he left his mobile home (in his name only) we have both lived in 12 years, and all the property therein to me for the duration of my life, then ownership would transfer to his children. He leaves other property to his children, and nothing to his wife if they are still married at the time of his death. (He has already signed a quit claim to the deed of the home they shared for 23 years, so that is hers.) He signed and dated the will, and a friend of ours signed as a witness. There were no copies sent to attornies anywhere. Is this will legal? Is it legal in California for him to leave me property for the duration of my life only? If he dies can his wife and kids have me evicted? Thanks.
3 Answers from Attorneys
Re: Is this a legal will?
A will requires two witnesses, not one, in California. Therefore, the document he has prepared is probably not valid.
He does have the right to leave a life estate to you, and the remainder to his children, providing what he is leaving is all his separate property.
Re: Is this a legal will?
Unless it's a handwritten (holographic) will, California requires two witnesses not mentioned in the will. The gifts you describe are legitimate and allowed, but something like this should probably be prepared by an attorney to make sure it will work.
Re: Is this a legal will?
And I hope he is still live so that the desires he has can be met without litigation after his death. I hope he is still live so that you can do it properly and get good current legal advice from attorney. I hope he is still live because things can get very screwed up. First of all if there was only one witness to the will the will has no effect since you need 2 impartial witnesses. Also they must both witness his signature. But there is so much more than that. He is still married and therefore it even if his wife's name is not on the mobile home, she may have a community property interest in that home. I'm not sure who he is living with at any given time from your question. Why hasn't obtained a divorce. My immediate advice is to go to an attorney now who can assess the situation and give you were good advice. My advice is if he is not going to live with her as man and wife and wants you to share in his estate as if you were his wife, divorce her and make you his wife. And that is not possible deal with the situation quite differently after it is determined what, if any rights she may have in all of the assets that they have together at this time. I have been practicing law for over thirty years in the San Francisco Bay Area and if you wish to contact me please do so 925 -- 945 -- 6000.
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