QUESTION
Would a notarized letter be good that states that the house will be left to me if something happens to him and there’s no will?
Asked on Sep 28th, 2012 on Estate Planning - California
More details to this question:
My son is buying a house and we live in it. He does have a little son, but is not married. We all bought the house together; only it's under his name.
7 ANSWERS
General Practice Attorney serving Glendale, CA
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Law Office of Michael Stafford
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If the notarized letter meets all of the requirements of a testamentary directive it will be honored by the court. However the safer path would be for your son to put you on title with him or to execute a will expressing his desires.
Answered on Oct 03rd, 2012 at 6:29 PM
Shadi Ala'i AlaiShaffer
No. You need to meet with an attorney and you need to make sure he has a complete estate plan (Trust). If you do not do this you will regret it tremendously.
Answered on Oct 03rd, 2012 at 12:13 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Your son should contact an estate planning attorney and set up a trust to provide for the plan of use and distribution of the house as you desire including the person responsible for the care of your grandson. Otherwise, as things stand now, in the event of an untimely death of your son, the house would go to your grandson, whom is a minor.
Answered on Oct 01st, 2012 at 12:54 PM
Unless the letter would qualify as a holographic will be in his hand and signed by him it would not be good enough to leave you the house. Under the circumstances, you need to document how the house was purchased and each do an estate plan to provide for what will happen to the house in the event of each death.
Answered on Oct 01st, 2012 at 12:54 PM
Trusts & Estates Attorney serving Berkeley, CA
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Law Office of Scott Pesetsky
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I suggest you (1) get out the deed and mortgage documents and see who owns what, and (2) have a talk with your son about what should happen when you and him die. A notarized letter only helps if it is accepted by the court as a will. No need to waste effort on a half-baked solution when there are many possible solutions available that work well, such as transfer by title, will, and trust. Figure this out soon, as it could be messy otherwise. Seeing that minor children and real property are involved, I my guess is that everyone will be better served if a trust is involved.
Answered on Oct 01st, 2012 at 11:06 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Your son needs a will. A notarized letter probably would not be sufficient and might ldeal to expensive litigation. If your son dies without a will, everything goes to his minor son. And it will be run by whoever gets appointed guardian, whose purpose will be to benefit the son only, not you. It may be that some of what you want to accomplish can be accomplished by a notarized document or by a written agreement, but even then your son should have a will.
Answered on Oct 01st, 2012 at 11:04 AM
Neal Michael Rimer
No, a notarized letter is not necessarily a Will. Your son should see an attorney who prepares wills and trusts and have a properly drawn estate plan completed that will accomplish his goals.
Answered on Oct 01st, 2012 at 11:03 AM