Legal Question in Wills and Trusts in California
WIlls and Trusts
Hello. Does a will need to be notarized to be valid? Can it be in regular handwriting? If the will supplements a revocable living trust, does this make any difference? My grandmother has a will and a revocable living trust. The will further explains everything in the trust. Is this OK? Is it OK that her will is in handwriting? She has two properties she will put in the trust. One is in California and the other is in Tennessee. Does she need to file the quitclaim deed in both the California county where she has the property and the Tennessee county where she owns the other property?
2 Answers from Attorneys
Re: WIlls and Trusts
A will and a trust are two separate documents, and neither explains the other. Property that is funded into the trust is controlled by the trust, while property that is not in the trust is controlled by the will.
Wills MAY NOT be notarized ... they must be witnessed by 2 uninterested witnesses. Nor should they generally be handwritten.
Re: WIlls and Trusts
these questions cannot be answered correctly and completely without reviewing the will and trust agreement. in order to ensure that her estate plan is both correct and effective your aunt will need to retain a qualifed estate planning attorney. in addition, deeds must be prepared, executed and recorded correctly or title problems can later arise.
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