QUESTION
Could we have my wife as one of the witnesses on the paperwork?
Asked on Jun 26th, 2017 on Estate Planning - California
More details to this question:
My brother and I are currently helping my mother with filling out do-it-yourself paperwork for her last will and testament, living will and power of attorney (Durable and General). We weren't planning on getting the paperwork notarized and my wife will not be a beneficiary on the will.
2 ANSWERS
While it is true a witness can be an adult who is not a beneficiary of the will it is good practice to have it notarized. Since she indirectly benefits from any bequest made to you if someone were to challenge the validly of your witness' objectivity and suitability as a witness - would be cleaner to have will notarized.
Answered on Sep 17th, 2017 at 12:31 AM
Yes, but unless you want to spend a significant portion of the estate on probate you also need to create a trust.
Answered on Sep 15th, 2017 at 9:42 AM