Legal Question in Wills and Trusts in California

Possibly More Than One Will

My aunt recently passed away in California. I have a hand-written will, dated and signed, from 1967, leaving all of her property to me. Her estate consists of a house valued at $700,000 plus about $80,000 in a bank account. I have been told by a friend of hers that she may have written a recent will leaving her house to a lady friend. I live in Florida. Do I have to go to California to submit my will? When and where do I submit my will? If the new will leaves the house only to this new beneficiary, will my will still be good for the remainder of her estate?


Asked on 4/25/04, 8:59 am

5 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Possibly More Than One Will

If she died a resident of California, her Last Will should be probated there.

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Answered on 4/25/04, 12:17 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Possibly More Than One Will

Call me if she died in San Diego County. 619 222-3504.

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Answered on 4/26/04, 7:23 pm

Re: Possibly More Than One Will

The best thing to do is to start a probate in the county she died. The easiest way is to hire an attorney who practices in that area. I, for example, practice throughout Northern California. You would file the original handwritten will with the Court. If no other will turns up then the one you have would be the will and you would receive everything. If another will does appear, and it's dated later than the one you have, it likely would trump your will. If she died in Sacramento, Yolo, San Joaquin, Solano, El Dorado, Placer or the surrounding smaller counties please call me to help you! Good luck!

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Answered on 4/26/04, 10:03 am
Kai Wessels Kai H. Wessels

Re: Possibly More Than One Will

Your aunt�s will should be filed within 30 days of death in the California county in which she lived. Since your aunt has an estate valued over $100,000, probate needs to be commenced in that same county. As to your question of what you would be entitled to inherit, it really depends upon a careful review of both wills. I suggest that you retain counsel and consider starting the probate process. I am located in San Jose, and would be able to assist you for the counties of San Francisco, San Mateo, Alameda, Santa Clara, and Santa Cruz. Good luck.

Please give me a call if I can be of further assistance at (408) 268-2580.

Sincerely,

Kai H. Wessels, Esq.

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Answered on 4/26/04, 12:06 pm
Scott Schomer Schomer Law Group

Re: Possibly More Than One Will

You should hire an attorney to file or "probate" the will in the county of her death. Its always best to find a local attorney. If I can assist you in the southern California region, please let me know.

Good luck!

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Answered on 4/26/04, 12:48 pm


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