Legal Question in Wills and Trusts in California

Re: his mother said there was no will

You should hire a lawyer to appear in the probate proceeding started by his mother, and offer the will for prove-up. A holographic will must be entirely in the hand of the decedent and signed at the end of the document. It must clearly state that it is intended as his last will and testament. They are valid in California. If you are left any property or gifts in the will, you are entitled to present it, and be represented in the proceeding. If your boyfriend nominates you as the executor of his estate in the will, you may have a better claim to being the executor than his mother.

If you do nothing,you get nothing. YOu are not a common law wife in California or a domestic partner unless you got married or registered with the Secretary of State as domestic partners. On the chance that you lived together in another State that recognizes common law marriages and held yourselves out in that State as husband and wife, you may have been validly married in California. If that is the case, again, check with a lawyer.

I'm sorry for your loss.

Re: his mother said there was no will

You can still probate the holographic will even though his mother claims there is no will. This is true even though the document may be horribly drafted and not recognizable as a will to most individuals, including attorneys. In short, a letter can be a holographic will, even though it does not clearly indicate that it is to be his will. Last year, I successfully probated a document that most people, including a judge and court staff, thought not to be a will in a situation where the other side had already been appointed administrator on the grounds there was no will.

Most importantly, you need to see an attorney to make sure that all arguments are presented.

If you desire to discuss this further, please do not hesitate to contact me.

In any event, I wish you the best during this difficult time.

Sincerely,

Kai H. Wessels, Esq.

(tel. 877-Wessels)