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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31561
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My mom "willed" her property to me while under chapter 13 in

Customer Question

My mom "willed" her property to me while under chapter 13 in a handwritten letter. Can she do that?
Submitted: 1 year ago.
Category: Bankruptcy Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. Is your mom still living?
Customer: replied 1 year ago.
Yes
Customer: replied 1 year ago.
Ive attached the letter
Expert:  Roger replied 1 year ago.
Ok. Thanks. This document could be considered a holographic will under CA law IF IT IS SIGNED BY HER. Basically, to be valid, the will must be hand written and signed by the person. Here's a good link you can read: http://www.nolo.com/legal-encyclopedia/holographic-wills.htmlHere's another good article about CA law on holographic wills and the potential pitfalls: http://www.trusts-etc.com/holographicwills.htmlIt doesn't appear that she actually signed the document, so that could make it invalid. Also, if your mother is able, she'd be much better off having a local lawyer draft a formal will with witnesses, etc.In regard to bankruptcy, your ability to inherit would depend on what she owns at the time of her death, claims of creditors, etc. Thus, if she left you property or money or assets, those things could be used to pay creditors FIRST before you are entitled to inherit anything.
Customer: replied 1 year ago.
She did sign the document. It appears to me that she used the word "willed" in the wrong context. Her intension was for me to take over the house because she could no longer afford the mortgage. Heres a full version of the letter
Expert:  Roger replied 1 year ago.
I can't see her signature on the document.....but if it is there, then it could be considered a holographic will. However, the will would not take affect until after she was deceased, so if she wants to transfer title to the house now, she needs to sign a deed.