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Our customers ask us many great questions when it comes to creating a living trust in order to avoid probate. Here is part three of four of this month series about unusual cases about living trust and will services.
Here is a somewhat unusual case: the wife in a couple passed away two years ago and the husband is only starting now to file paperwork for a probate (she did own a property on her own). They had no trust. The deceased handwrote a three page will, but she never had it witnessed. Also the husband was never specifically nominated as the executor. We hesitated to proceed with the probate petition, and were wondering if the probate attorney would have kicked it back on the grounds of not valid…
Truth is holographic wills (handwritten) are valid in California and do not need to be witnessed. So we proceeded with this Will as being her true Will. Her husband is first in line to be Executor by statute, even if no Executor is named in the Will, so that won’t be a problem either.
The Document People is a network of independently owned stores that share a common purpose: helping customers represent themselves. We are looking forward to drafting your Living Trust and estate planning documents. We serve Woodland Hills, Encino, The San Fernando Valley, Torrance, Orange County and San Diego County.
The information contained in this blog – including information of a legal nature – is provided for informational purposes only, and should not be construed as legal advice on any subject matter.