Legal Question in Wills and Trusts in California
What are main components to a valid simple will?
Grandfather is deceased. He had a will printed from a computer will program which is signed but not notarized. Grandmother has made it well-known to the family to keep things the way
grandfather intended, but she has not had a will
of her own drawn up because she believes once a will is drawn up -- you die.
When she dies will her $300,000 estate, all in equity of the family home, have to go through probate?
Grandmother has been intubated/extubated on and off all month. Would it be wise to get an attorney to the ICU and draw up a trust or a will? The doctors and nurses say she is lucid and understands what is going on with her treatment, handwrites notes to them and when she can, communicates clearly.
2 Answers from Attorneys
Re: What are main components
You migh as well have a simple trust drawn up as it is just as easy as doing a will (a few more steps) that way the house can pass without probate.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
Re: What are components to a valid will?
She should have a will at the least, and a trust if she wants to keep the property out of probate. She should consult with an attorney (if she overcomes her fear) and at least find out whether her current plan would keep things the way her husband intended.
By the way, in California wills are not notarized, but instead witnessed by two people not receiving anything from the will.
She can also handwrite a will, but I've seen too many errors (which can't be fixed after death) to recommend this option.
Chris Johnson
Christopher B. Johnson, Attorney at Law
614 East Colorado Boulevard, Pasadena, CA
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