Legal Question in Wills and Trusts in California
Suicide note
My grandson's father committed suicide. He left a note instructing that his assets be split between my grandson & his half brother. My question is, does this constitute a last will & testament or did he die intestate & therefore the state will probate the will? I don't think the size of the estate is very large at all & am just trying to anticipate what these boys have to look forward to. My grandson is 13 & the half brother is 19. If I had to estimate the size of the estate, I would say 25,000 or less.
3 Answers from Attorneys
Re: Suicide note
A will written out entirely in the hand of the testator is called a holographic will. Such wills are sometimes deemed valid even without the attestation of witnesses. Your grandson's legal guardian should call a few attorneys and discuss all the relevant facts to get better direction.
Re: Suicide note
I am so sorry to hear of your gradson's situation, I hope he is coping with it well.
In regrads to your question, if the letter was written in his handwriting and was signed by him, then it can be considered a last will. Luckily, if the total estate is valued at under $100,000 then there is no need for a Probate, just a few forms for small estates. Therefore, even if the writing is not considered a last will, there should still not be a Probate necessary.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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Re: Suicide note
Intestate. Title may be obtained via declaration and a trust must be established for the minor child. Contact me directly.
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