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We are an aging couple living in our house, we have a living trust and 2 wills. We have produced a document for 2 minor alterations to the living trust and added information for the wills. We are proceeding to have them notarized. Question: Must we undergo "Court Recording" of the finished document? Are we probate threat free?

Submitted: 255 days and 14 hours ago.
Category: Estate Law
Value: $30
Status: AWAITING CUSTOMER ACTION
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Sierra Madre, California

Accepted Answer

Thank you for using JustAnswer.

 

No. Absolutely no court recording is necessary for any of the documents you are preparing.

 

However, my concern for you is that, if you are changing the Wills, it be done correctly. Are you drafting Codicils? If so, are they in handwriting OR typed?

 

The Amendment to the trust is much more informal and can be done by any writing, but to make a change to the Will, you must follow certain rules when signing a Codicil. Thanks!

 

Please press the GREEN "ACCEPT" button so proper credit is provided for your Answer. No attorney-client relationship exists or was contemplated by this communication. All parties acknowledge that all communications here are available to the public, not privileged attorney-client communications, and are for educational purposes only.

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Expert: legallysound
Pos. Feedback: 100.0 %
Accepts: 
Answered: 3/12/2009

Attorney

Over 12 years of practical experience in Estate Planning, Trust and Probate law.

255 days and 14 hours ago.

Reply

What is codicil? The changes to the will have been prepared on a word document. Is that sufficient?

255 days and 14 hours ago.

Reply

are you going to answer the question regarding what is Codicil?

Posted by legallysound 255 days and 14 hours ago.

Answer

A Codicil is the name for a document that changes a Will.

 

Yes, a WORD document is fine, but that means that when you and your spouse sign the Codicils, in California, you must sign in front of two (2) witnesses who receive nothing under your estate (eg: they cannot be your beneficiaries). The witnesses do not need to know the contents of the document, but they must be told that you are signing a document to reflect changes in your Wills.

 

After you and your spouse sign, both witnesses must sign below your signatures (eg: the two witnesses must sign the husband's Codicil under the husband's signature; and the same two witnesses must sign the wife's Codicil under the wife's signature). The two witnesses must also "print" their names and addresses under their signatures.

 

Only then will the Codicils be valid. If you look at your existing Wills, they should be executed in the same format that must be followed for the Codicils. Thanks!

 

Please press the GREEN "ACCEPT" button so proper credit is provided for your Answer. No attorney-client relationship exists or was contemplated by this communication. All parties acknowledge that all communications here are available to the public, not privileged attorney-client communications, and are for educational purposes only.

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