Legal Question in Wills and Trusts in California

my step son signed a paper giving me his share of the estate but it was never recorded but was signed in front of a notery noterized but i cant find it to record it the opposing councle has asked if it was recorded is it legal if i dont have it recorded or i cant find the origional what must i do


Asked on 11/02/10, 8:45 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Where is your step son? His giving you his portion of the estate does not have to be filed or recorded anywhere, and depending on when he gave it to you it might not have been possible to record. But you have to come up with some proof that he gave you his share. If he is no longer alive, you must find out if he told anyone he gave you his share.

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Answered on 11/07/10, 9:02 pm
Anthony Roach Law Office of Anthony A. Roach

I have some problems reading your question and understand where Mr. Shers is coming from. There are two ways to get property in your scenario, in a deed, or in a will. A will does not have to be notarized, but must be attested to be valid.

A deed on the other hand, transfers property among the living, and does not require probate. It must be notarized to be recorded.

I could delve into more detail, including a discussion of "delivery," but it is not clear whether this is a will that may or may not be valid, or a deed, which may or may not be valid.

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Answered on 11/08/10, 5:54 pm


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