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Hand written will

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H

Hendrix

Guest
California, Los Angeles. My Mom passed away suddenly in Sept., While looking for the deed to her Mobile home that I have lived in a year now, I found a handwritten will signed by my mom dated march 29th, 2002 leaving everything to her half sister. My mom had given me the trailer, but kept it in her name because of her ssi, she also told me that when my grandmother passed away, she wanted me to have her car.
I wanted to be honest and honor my Mothers last wishes, so I took the handwritten will to my Aunt, she got an attorney that said that the will was good, unless someone wanted to contest it. I feel my Aunt being an accountant knew that I didn't have the money to hire an attorney, my brother is incarcarated, and my sister lives up north, and left up north on bad terms with my mom 5 years ago. She said when I handed over the will to her, that My brother and myself would be taken care of. That the trailer and car would be mine. Now she has taken the car from me and I am hearing from my Grandmother that she intends to take the trailer too. Do I have any chance of reversing the circumstances that are unfolding? I feel that she wrote this will, because she knew that my Aunt was an accountant and would know how to take care of things responsibly. I was at the attorneys with my aunt when she handed over the will along with my mothers assets 11,000. approx for the Mobile, and 12,000 approx in liability. aprox 3,000.00 in credit card debt, and 5,000.00 for the burial, which came out of my moms inheritance from my Grandma who incidently didn't pass before my mom. So basically, the 5,000.00 is not part of my Moms debt. since Granny paid for the burial. That $5,000 just takes away from my aunts inheritace once my Granny has passed away. I feel like my Aunt is taking advantage of my lack of knowlege and due process, as well as my vulnerbility. Can I legally take action to stop this process before I lose the Mobile too? The will was hand written, no witnesses signatures, and not notorized? and it has been over 40 days since the passing, which my aunt said after the forty days she would sign everything over to me. But we would have to liquidate some of her antiquities (in the mobile)for my Aunt to recoup some of the money she has paid towards my moms bills? it's been nearly 60 days (My mom passed on Sept. 17th, and I have lost the car and feel as though the rug is about to be pulled out from under me. Any advice or push towards legal advice would be greatly appreciated.:eek:
 


Dandy Don

Senior Member
There may not be much of anything that you can do. It appears that your mother tried to protect you by not being completely honest with you.

Since the mobile home is not paid for in full and is still owned by the mortgage company, she could not "give" it to you. You need to decide whether you can afford to continue making the monthly payments if you want to live there, or your aunt will need to consider selling it after talking it over with the mortgage company.

Your aunt will need to take the car to sell it to help pay the outstanding debts on this estate, since the estate is really in debt and has no assets to be able to pay off all of the bills. I'm sure your aunt will be kind enough to give you anything if anything is left over, but it does not look like there will be much of anything.

Hopefully your grandmother will be kind enough to leave you an inheritance.
 

JETX

Senior Member
In California, a holographic (handwritten by testator) will can be valid without witnesses or notary.

This is covered in Cal Probate Code Section 6110-6111:
"6110. (a) Except as provided in this part, a will shall be in writing and satisfy the requirements of this section.
(b) The will shall be signed by one of the following:
(1) By the testator.
(2) In the testator's name by some other person in the testator's presence and by the testator's direction.
(3) By a conservator pursuant to a court order to make a will under Section 2580.
(c) The will shall be witnessed by being signed by at least two persons each of whom (1) being present at the same time, witnessed either the signing of the will or the testator's acknowledgment of
the signature or of the will and (2) understand that the instrument they sign is the testator's will.

6111. (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.
(b) If a holographic will does not contain a statement as to the date of its execution and:
(1) If the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will.
(2) If it is established that the testator lacked testamentary capacity at any time during which the will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.
(c) Any statement of testamentary intent contained in a holographic will may be set forth either in the testator's own handwriting or as part of a commercially printed form will.
 

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