Wednesday, 31 December 2014

Is a notarized statement about who I want to leave my home to in case of death considered a legal document?

Question

Is a notarized statement about who I want to leave my home to in case of death considered a legal document?



Answer

It would not be a Last Will and Testament. That is the very least document you want. A Trust would be better; avoids probate.



Answer

The main problem with a "notarized statement" is that is witnessed by only one person. To be effective after your death, among other legal requirements there must be two witnesses, or the entire document has to be in your handwriting. Go to a lawyer and have it done right so your heirs aren't disappointed.



Answer

No, it is not legal. Notarization does not meet the requirements of California's statute of wills, which requires attestation. Don't rely on do it yourself forms that you find online or in bookstores. Do it right, and use an estate planning attorney.



Answer

I agree with the above, your "notarized will" is likely not legal. You should seek an attorney to draft a proper will for you.

Just for your information, in California there are two ways to create a valid will:

1. Attested Will:

In your situation a will would be valid if signed by you and witnessed by being signed, during your lifetime, by at least two persons each of whom (A) being present at the same time, witnessed either the signing of the will or your acknowledgment of the signature or of the will and (B) understand that the instrument they sign is your will.

-Probate Code Section 6110

or

2. Holographic Will: If a will does not comply with the requirements of Probate Code Section 6110 it can still be valid if the signature and the material provisions are in your handwriting.

-Probate Code Section 6111



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