Legal Question in Wills and Trusts in California
last and living wills
I have 1 daughter and i am having sugery in 2 weeks, last will can i do this myself ? Also living will? under,other instruction, what might you suggest do i have this notaritized?
5 Answers from Attorneys
Re: last and living wills
I'll just suppliment the other two guys. If you handwrite your Will. It must be dated at the top, entirely in your hand writing, and signed by you. There's also an x the box Will that is authorized in California. They are available at stationary stores. That carry Walcott forms. However, these forms must be witnesses by two witnesses. (Three or more is also OK.) The other forms you need (durable power of attorney for assest management and power of attorney for health care, usually with the living will included), are also Walcott forms. A power of attorney for health care form is available on the legislature's web site.
Re: last and living wills
It looks like you got some good answers already. If you prefer to have a professional do it for you to make sure it's done correctly I charge about $500 for a single person for all documents. My office is in Sacramento but we can do everything through the mail if necessary. Good luck!
Re: last and living wills
If you are unmarried, with no will, your children share your estate equally. Still, you can handwrite your own will, and sign and date it.
Regarding the health care directive, this requires notarization or witnessing by two people. The forms are available from the hospital or from stationery stores. The financial power of attorney requires notarization (if you own real estate) and is also available at stationery stores. Attorney-drafted powers of attorney are usually superior and more flexible than store-bought ones, but that's still better than having nothing and you may not have time to have an attorney prepare them.
Re: last and living wills
You can handwrite your own will. A handwritten will does not need any witnesses; just your signature. The Declaration to Physician must be witnessed by two witnesses.
Please do get professional help, if you have a large estate, or if you have any complications, such as ( minor child, child with disabiblity, etc.)
Re: last and living wills
if you are low income and need a simple will give me a call and i will do a free one for you. wills are not noterized.