Full question:
My father passed away and didn't have his will noterizedhe had a savings account joint with my sister because she lived closer. She is aware of the will that named me as executor and that the savings be divided equally between 3 daughters. I worked on the will with my father and know this was his intent. she has decided to give us what she wants,which was not even half of what we were suppose to get. What are my opptions for making her do what is right?
- Category: Wills and Estates
- Subcategory: Notarized
- Date:
- State: California
Answer:
In California, a will does not need to be notarized; it must be signed by the testator and two witnesses. If the will was handwritten by your father, it may qualify as a holographic will, which can be valid even without witnesses. To enforce the will, you may need to file a petition for probate. The burden then falls on anyone challenging the will to prove it should not be enforced.
Relevant California statutes include:
- Cal. Prob. Code § 6110: A will must be in writing and signed by the testator or someone else in their presence and at their direction, and witnessed by at least two people.
- Cal. Prob. Code § 6111: A holographic will is valid if the signature and material provisions are in the testator's handwriting.
- Cal. Prob. Code § 6113: A will is valid if executed in compliance with the law where it was made or where the testator was domiciled.
To pursue your claim, consider gathering evidence of your father's intent and the existence of the will. You may also want to consult with a probate attorney to understand your options better and to potentially enforce your rights as outlined in the will.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.