Legal Question in Wills and Trusts in California
Validity of Will
I have a copy of my mother's Will. The signature line for my mother and the witnesses indicates /s/. Have been unable to find original signed copy. Attorney who prepared Will is deceased and the law firm no longer exists? Is what I have a valid Will that can be attached to a Petition for Probate? What should I do under the circumstances? This Petition will be filed in Solano County Superior Court.
2 Answers from Attorneys
Re: Validity of Will
You have a problem which is not unique. You would have to file a petition for lost or stolen will and show good cause why this document should be accepted by the Superior Court and probated. The document that you have with the /s/ means that your mother signed the original will in the witnesses signed the original will and this is what is called a "conformed copy". You have good grounds because the attorney is dead in the firm is dissolved. I have been practicing law for over 30 years and have had this particular problem a few times and have been quite successful what I suggest to you is that you should not do this yourself. You do not have the proper education and background to do this in a court of law and then proceed throughout the whole of the probate process. You should hire an attorney who is schooled in this process and has other experience history in dealing with. .I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
Re: Validity of Will
My office calls those conformed copies. It used to be standard practice though not done much anymore in experience. I have used conformed copies, along with declarations, to prove them to be the language of a "lost will." You need to do a petition for probate of a lost will along with several customized declarations (witnesses, recite info regarding death of drafting lawyer, etc....). I would suggest you hire an attorney to help you as these is pretty complicated work. We do probate work in Solano County and would gladly help you.