Legal Question in Wills and Trusts in California

Re: Will

Neither the estate must be probated intestate. If the estate is under $ 100K then it may be done by declaration. Contact me directly.

Re: Will

Best guess: the first will prevails because it's handwritten, and the typed one would need two witnesses.

Re: Will

Under current law the 2000 "holographic" document would be his will. I believe there is a potential law in the works which would expand the inclusion of type written documents but for now a typewritten document has to be witnessed by two witnesses to be valid. There are exceptions to every rule but generally speaking the 2007 typewritten document is probably not a valid will. Feel free to contact me if you would like to discuss your case in more detail. -John

Re: Will

I am sorry for your family's loss. Your question raises multiple issues. My answer to you is that there is no yes/no answer here. Depending upon the facts surrounding the first holographic will, it may or may not control. For example, was it properly dated? A holographic will is one that is entirely written, dated and signed by the hand of the testator himself. It is subject to no other form, and need not be witnessed. Cal Prob. Code � 53. Although the tendency of both the courts and the legislature has been toward greater liberality in accepting a writing as an holographic will, the tendency has never been stretched to excuse lack of substantial compliance with the statutory requirement that a holographic will must be dated by the testator. Further, it could be argued that the 2007 document integrated the 2000 will. Integration occurs when there is no reference to a distinctly extraneous document, but it is clear that two or more separate writings are intended by the testator to be his will. Thus several writings, connected by sequence of thought, or physically forming one document, have been admitted to probate as constituting a holographic will.

If you would like to discuss further, please feel free to contact me.

Yours truly,

Bryan

877.201.8728

Re: Will

Sorry to hear of the passing of your Brother in Law. Under the current state of the Law, the first will would be superior. Here's why: the first is called a holographic will, meaning the entire thing is in the decedent's handwriting and signed by them. The second was typewritten, so it would require to follow CA procedures (having 2 witnesses) to be valid.

Additionally, if the total of all the assets equal $100,000 or more, you will need to start a Probate with the holographic will submitted into evidence.

If you need further assistance or would like to discuss this matter in a private forum, please feel free to contact me at the email provided by LawGuru or through our firm's website PasadenaEstatePlanning.com