Legal Question in Wills and Trusts in California

If you have a Will or a Living trust notarized do you need to have any witnesses sign the doucuments?

Howard


Asked on 10/17/11, 9:55 pm

3 Answers from Attorneys

Michele Cusack Pollak & Cusack

In CA, Wills must be witnessed (2), not notarized. Living trust do not HAVE to be notarized, but it is recommended.

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Answered on 10/17/11, 10:25 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Ms. Cusack. There seems to be some confusion on the internet with preprinted form wills and some assertion that the wil has to be notarized. If a will is a preprinted form and is notarized only, it will be invalid. It must be witnessed by two independent witnesses, and contain a proper attestation clause.

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Answered on 10/18/11, 8:55 am
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

I agree with Mr. Roach and Ms. Cusack. I have noticed the same issue with internet form wills. California law requires that two independent (not related to the testator) witness the testator's signature and attest to that signing. A trust does not have to witnessed or notarized, but it is highly recommended that it be notarized.

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Answered on 10/18/11, 11:49 am


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