Legal Question in Wills and Trusts in California

Legality of Will

My Father passed away in early April, 2001. In June of 1998 Dad signed over land to my sister and I. He also had me made Power of Attorney on his bank account. Several days after his passing our Cousin (whom has resided at Dad's residnese since Mom passed away in 1978) presented a copy of a Will, fill in the blanks type, wittnessed by 3 people and signed by Dad in 1982 giving her complete authority of all his property etc. The Will was not notorized as far as I can see. Is this Will legal?


Asked on 4/18/01, 9:53 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Legality of Will

California (and most states)require only witnesses to a will, not notarization. However, I'm not sure what you mean by it giving "authority" over his property--does this mean your cousin is the beneficiary as well?

Also, the will covers only property in your father's name at his death, so anything he gave to you during his lifetime (like the land, apparently) is yours and is unaffected by the will.

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Answered on 6/12/01, 10:36 am


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