Legal Question in Wills and Trusts in California

Verification of Witnesses & Unlimited Powers

My mother was the last of my parents to die. I didn't believe there was a will and I proceeded to go through probate to be made Administrator. After becoming Administrator I found a will as I was cleaning out a drawer. Everything was left to me as the only child. The will was signed by two witnesses and I believe one of those has died. The will was drawn up in another county and though it was drawn up by an attorney there was not a date by the signatures. Can this will be verified if both individuals are deceased? How? Do I have to proceed with the sell of the property at the probate referee's appraised value? How can I have more control over the sell of the property so I can end this long process?


Asked on 10/11/99, 3:04 pm

1 Answer from Attorneys
MICHAEL MILNES Law Office of Michael A. Milnes

Re: Verification of Witnesses & Unlimited Powers

You should report the finding of the will to the Court and ask that it be admitted to probate. The problems with the witness acknowledgements can be resolved by a good attorney.

Sale of real property should be for fair market value. The Probate Referee's appraisal is a date of death value and may or may not be the current value. Your obligation is to get the best price for the property. You are totally in control of the sale, so hire yourself a good broker and sell it. If there is a difference between the sales price and the Referee's appraisal your attorney will be able to deal with that. It should not be a problem.

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Answered on 10/13/99, 8:54 pm


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