Legal Question in Wills and Trusts in California

My mother has been very ill. She had sent me a letter and a Living Will Declaration dates 1992 and 1998. If nothing has changed are they still binding.


Asked on 9/17/09, 12:09 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

I do not know for certaln what those documents are. Merely placing a title onto a form does not mean that ilt actually carriled out the ilntend of the form. In California, if everything is in the person's own handwriting [nothing, even the date, title, etc.], it is a holograffic Will that is as valid as if there were two witnesses to the Will. But if your mother's illness results in her not being always of sound mind, then she may not be in the appropriate state of mind to create a binding Will. Nor can there be two separate Wills. It is ok to have an addition to the first Will to make specific changes to the older documents [codicil], but if the second document is to be considered a Will then the first is no longer valid. The letter itself is irrelevant and has no binding effect upon a Will. You need your mother to clarify all of these points. She also needs to consider whether a Trust would be better for some of the assets. It is worthwhile, umless her estate is very small and all is belng left equally to her live children for her to spend several hundred dollars to consult with an estate attorney toa be sure that her actual wishes are carried out.

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Answered on 9/17/09, 2:04 am


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