Legal Question in Wills and Trusts in California
Will,signed with only one witness
My best friend 12 years died.At hospital,notified her sister, whom she hasn't spoken to in years.After a few hours searching, I found a will. Appointing me as representive, stating her sister,(whom she hasn't spoken to in years) not to be allowed in her home, nor going through her things. Her sister tells me that she had the will ''checked'' out and it is no good as it only has 1 witness signature, instead of two. She further states that I am not to remove anything or be in the house with out her being there. She has broken into the house and taken several antiques and other things. Is this true? I can produce witnesses that my friend hated her. they never spoke when she was alive. My friend would roll over in her grave if she knew this.
2)When my friend went into cardiac arrest, a friend of her deceased daughters was in town from Reno, and stopped to visit. Arriving at hospital,called me. When my friend expired two days later I went to get her diamond ring she always wears and was told that girl took it.A few days ago she was to bring ring down. When she arrived,I asked her for the ring. She said Oh I did not bring it. Is this theft or what?
Desperate
3 Answers from Attorneys
Re: Will,signed with only one witness
In California a will requires two witnesses, unless it is a holographic will. One which is written completely in the hand of the deceased.
Re: Will,signed with only one witness
while ca requires 2 non participating witmesses to a typed will and none if the will is written and signed and dated in the hand of the decedent --- there may be ways to dealing with this siuation but it would involve litagaion unless she would settle --- i am in n. ca and if you wish to consult with me call at 925-945-6000
Re: Will,signed with only one witness
There are exceptions, as it is the courts function to carry out the will of the deceased, you may be able to prevail or settle the dispute. Call me directly at (619) 222-3504.
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