Legal Question in Wills and Trusts in California

Re: Stationery Store purchased Doc's

I am sorry for your father's condition. If your father is able to write, I believe it would be better for him to write out a "holographic" will - a document completely in his own handwriting that says, in effect "this is my will. I revoke all previous wills. I intentionally leave nothing to ABC and DEF because they have not visited me .... I leave all of my property to XYZ." He should sign it and date it. If he is leaving nothing to his wife, he should state that, too.

This is not a perfect solution at all, but I have seen stationery store documents executed improperly - and then they are worthless. In fact, they are worse than worthless because they don't carry out the person's wishes.

Of course, the problem with a will is that the property will need to go through the probate court, which is usually far more expensive than a properly drafted and funded living trust. But if that's what needs to be done because of time, then it's better than nothing.

If your father is unable to write a will, it can be typewritten. However, if it is not entirely in his own handwriting, it must follow the law precisely (two witnesses who are not beneficiaries must witness his signature and sign their names as witnesses; all 3 of them must be present at the same time).

Given the circumstances, it is also likely that the children who are being disinherited will contest the will. Your father can insert a "no contest" clause, but those clauses are extremely difficult to enforce. That's why I recommend that he provide ample information about the specific reasons he wants to disinherit them ... the court is more likely to take his own words into consideration than anything anyone else might say later.

As a final "caveat", the possibilities are great that the other siblings will say that your father was coerced or "unduly influenced" to leave them out. Therefore, it would be best if he were able to execute the will at a time that none of the beneficiaries who are going to receive his estate were present.

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.