QUESTION

Will my dads will be thrown out by a judge because it was not witnessed correctly? Will this make my nieces eligible for inheritance?

Asked on Apr 10th, 2017 on Wills and Probate - California
More details to this question:
My surviving sister & I signed my dads will in front of him and a notary public. We did not know at the time that notary is not required and that we couldn't be witness because we are beneficiaries. My sister, named executor told me her Attorney said the will is not valid because it was not signed correctly and is most likely going to be thrown out by the judge in probate court. My dad purposely left our deceased sister and her two children (our adult nieces) out of the will for personal reasons. The other interesting thing is my sister has been in full support of our nieces getting a 3rd of the share even before my dad passed. She says there is nothing we can do about it that the law is throwing out the will, not her. She has created a serious trust concern with me and I believe she is in her interest only which include my nieces.
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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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It is probable that the court will not admit the will to probate if the two witnesses were beneficiaries under the will.  Without a valid will, the estate is intestate and the laws of intestacy will control.  If the decedent was not married, then the next heirs would be the children, equally.  If a child predeceased the decedent, then the children of that child will take his or her place.
Answered on Apr 11th, 2017 at 2:23 PM

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