Estate Law Questions? Ask an Estate Lawyer.
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Hey Paul. Thanks for your response. I wasn't saying that all the things I listed were in the will ... I was saying that those things were the things in the CA Statute Will ... and wanted to see which of those things (a through g) were actually required. I think your response answers my question, though, but let me rephrase to be sure ...
So according to 6110(c)(1), all that really needs to be shown for the witnesses is that they signed during the testator's lifetime (the testator and witnesses each signing and being present at the same time) and that the witnesses understood it to the the testator's last will that was being signed. And according to 6110(c)(2), even if there's an issue with 6110(c)(1), as long as there is clear evidence that at the time the Testator signed, he/she intended it to be his/her will, it's still valid.
So, as long as you have the testator signature, plus competent witnesses signatures that conform to 6110(c)(1) or (c)(2), the will is most likely considered valid, right?
Gotcha. Ok ... here's an extension of that ... what if I was originally just given a copy of the will and can't seem to find the original. Is a copy as valid as an original or not? (I'll bonus for the extra help.)
And how would a trust play into this at all, if most of the personal property was transferred into a trust prior to the will even being executed. Would the things that were placed in trust be exempt from the probate process? (But the problem there is finding the original document for that too. Just have a copy!)
Just the issue of having the time to go through mountains of stuff!!!
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