QUESTION
Is my aunt still considered a disinterested party, is the will even legal?
Asked on Jul 18th, 2013 on Estate Planning - California
More details to this question:
My aunt passed away and her family claims to have a notarized will. I have a copy and it was notarized. The will leaves everything but $100 to me. The estate is to be equally divided between my aunt’s son and a foundation. For California.
2 ANSWERS
The required two witnesses have signed, and the aunt is considered to be a proper witness even if she has an interest in the results. It seems to be a valid Will, but since there may be a legal battle over it, you should get a formal legal opinion to show the other parties.
Answered on Jul 22nd, 2013 at 3:32 AM
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A will witnessed by a notary in the capacity of the notary, is not a witness for California purposes, even though there was another witness signing. The will fails as written, and the property devolves to the nearest statutory heirs per California statute, if the matter is in California. Obtain yourself a probate attorney to have yourself appointed administrator. Wills in California require two signed witnesses, in the presence of each other with the maker declaring and signing the will in front of the witnesses, who sign after the maker declares and signs.
Answered on Jul 19th, 2013 at 3:44 PM