Legal Question in Wills and Trusts in California
Will
We just buried my father and there has been a couple of my family members who have pulled me aside to tell me that my father has a Will. My step-mom told me that he doesn't have one. How do I go about confronting her with it, and what if my father's Will isn't notarized, does that matter?
2 Answers from Attorneys
Re: Will
You need to ask her straight up for your father's will. If she claims it doesn't exhist, then you might want to open probate through intestate succession. Wills don't have to be notarized. They must be witnessed, however. Call my office if you'd like assistance.
Re: Will
you should retain a qualified attorney to advise you and prepare any needed petition for probate. wills are witnessed, not notarized, but certain formalities are required (unless the document qualifies as a holographic will).
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