Legal Question in Wills and Trusts in California
could a "last will" took effect even the owner of the will is still alive?
Asked on 7/11/10, 10:59 pm
3 Answers from Attorneys
George Shers
Law Offices of Georges H. Shers
Wills take effect only once the person dies. The last Will made controls unless it is stated to be merely an addition to the prior Will.
Answered on 7/12/10, 8:20 am
No one owns a will. If you mean the maker of the will, called the testator, then no. If you mean the heirs, then of course it takes effect while they are alive.
Answered on 7/12/10, 11:47 am
Anthony Roach
Law Office of Anthony A. Roach
No if the maker of the will is still alive. Yes if the heirs are still alive and the maker is dead, as pointed out by Mr. McCormick.
Answered on 7/13/10, 2:18 pm