Legal Question in Wills and Trusts in California
My mother is passing away without a will. She has 1 - 2 weeks tops. she is single. She's somewhat coherant between being medicated via hospice. My brother located a signed document dated Oct 2011 stating she wishes to leave all assets to her three children and listed our names along with bank accnt #'s etc..... This document is not notorized. Our main concern is that she has a mobile home as her primary residence and a car which are both paid in full. She has a ret accnt which we are benificiaries so that should be no concern. She also has a couple credit cards with small balances. Her along with my entire family live in here California. Being that the mobile home is not a standard SFR can title be signed over? Can the same go for the car? We prefer that CA not take the items and disseminate via probate. We're a very close family and are not going to be squabbling over who gets what. Should we get the document she already signed notorized or is a will needed. Any assistance will be greatly appreciated. Thank you....Larry
3 Answers from Attorneys
wills must be witnessed (2) not notarized.
you should retain a qualified attorney to prepare a valid will and other necessary documents.
I'm so sorry for your situation. If the document your brother has located is a trust, it does not need to be witnessed or notarized. If the document is not a trust or properly executed will and your mother still has testamentary capacity, you and your siblings should contact an estate planning attorney so that your mother can have a properly executed trust and/or will.
Even if your mother passes away without a will, her assets will be distributed equally to you and your siblings through intestate succession. If her total assets are less than $150,000 (after 1/1/2012, $100,000 before that time), excluding accounts with named beneficiaries, life insurance policies or any asset with a named beneficiary, then you will be able to transfer/sell your mother by the use of Affidavit of Small Estate. With such an affidavit, formal Probate is not necessary. If her estate value will be more than $150,000 (after 1/1/2012, $100,000 before that time), then a Probate will be needed. The state of California would not be involved in the Probate. Both the mobile home and the automobile should be able to be transferred relatively easily with or without Probate.
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