Legal Question in Wills and Trusts in California

my mother past away, a few months before she had me type up a will regarding her property. only an outline of monetary dispersments was typed leaving who gets what money, for her to fill out at a later date. all of a sudden, her copy is no where to be found, i have an unfinished copy, as previosuly stated. is my copy a enforceable? volchers are all over this! need advice!!


Asked on 3/19/11, 10:23 pm

3 Answers from Attorneys

Even if you had her copy with the missing things filled in it would not matter. A will must be signed and witnessed in full compliance with the law, or entirely hand written and signed. The legal effect of this situation is that she died without a will and probate must proceed on that basis.

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Answered on 3/19/11, 10:42 pm
Aaron Feldman Feldman Law Group

I concur. It does not look like a valid will was ever properly executed and therefore her estate must proceed by intestate succession which is a statutory system for how property will be passed. If you have siblings, then the likely result will be a division of the estate among you and your siblings. However, assets that were held jointly will pass outside of Probate. You should consult an attorney to assist you with opening a Probate as soon as possible before assets are improperly handled.

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Answered on 3/20/11, 11:09 am
Anthony Roach Law Office of Anthony A. Roach

It sounds to me that she died intestate, meaning without a valid will.

"Vulture" - . Any of various large birds of prey of the New World family Cathartidae or of the Old World family Accipitridae, characteristically having dark plumage and a featherless head and neck and generally feeding on carrion.

2. A person of a rapacious, predatory, or profiteering nature.

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Answered on 3/21/11, 8:57 am


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