Legal Question in Wills and Trusts in California
My mom made out a will and me and my brother are the only people in the will. She needs two witnesses in order to sign the will, my question is can my brothers children which are over 21 years old witness the signing of the will?
4 Answers from Attorneys
I wouldn't allow my brother's children to sign as witnesses because of the closeness of the kinship. That is not to say they could not be witnesses, but someone may challenge the will in the future for some unknown reason as to the legitimacy the maker of the will, maybe will signed under pressure, etcetera. Obtain two independent witnesses to witness the will who have no relation to the family.
I agree that they legally can do it but not a wise idea. It should not be difficult to find two witnesess..
It's too iffy for me. I agree with the previous responses. There could be a problem if someone predeceases, and the witnesses then have inheritance rights under the will.
You'd be better off with two completely disinterested witnesses who will be around to testify and authenticate the testator's signature.
Technically, the other attorneys are correct, but if you and your brother are your mother's only children,and are getting equal shares, it is not likely that anyone will challenge the Will.