Legal Question in Wills and Trusts in California
Problem with will.
3 years ago my aunt past away. Her property was in a trust and that worked out fine. In her will, I was named beneficiary and her trust was named residuary beneficiary. There was an IRA in her name but there was no beneficiary. As a result, the IRA funds went into probate. This is where the problems began. I had the will and estate documents viewed by another attorney. She discovered the will had not been properly witnessed. In fact, the will, did not contain any form of witness signature page. The attorney that drafted the will notarized it himself. As a result, the funds from the IRA will go to my aunts mother, though my aunt specifically noted in the will that her failure to include her mother was not a mistake it was the fact that her mother had adequate means of providing for herself. After reviewing several posts on this site it seems that the two witness requirement is common knowledge. Due to errors and delays of the attorneys involved the IRA value has dropped by half. Where do I go from here? Any suggestions would be appreciated.
1 Answer from Attorneys
Re: Problem with will.
you have a possible cause of action against the attorney who prepared the will for professional negligence. you should retain a qualified attorney to advise you regarding this possibility and the likelihood of success (and collection of any judgment).
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