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Codicils

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legalque

Junior Member
What is the name of your state? California

Hello. My first post here, and it is for an elderly friend of mine.

1. This friend has an excecuted Will. After my friend passes, she wishes to bequeath a financial gift to an assistant that has cared for her on a longtime basis. Since she has a Will (very recent), does she need to contact her attorney, or can she handle this by herself, by executing a Codicil and filing it with the original or copy of the Will that she has?

2. Is there a special form for California/Los Angeles or can a standard Codicil blank form found on the Internet be used?

Please advise If more details are required. Thank you.
 
Last edited:


lwpat

Senior Member
To sweets, please start your own thread and remember that you can use google to look up the meaning of words.

To the OP, the best bet to avoid a will contest is for her to handle it through her attorney. I assume that you are the "assistant."
 

curb1

Senior Member
legalque,
Why was this left out of the recently written will? Remember that there are severe penalties for taking advantage of elderly people. That is why this should be handled by a third party.
 

legalque

Junior Member
curb1: A fair question. Unfortunately I can't answer that, and feel the decision to add this party to the Will at this time, was made more recently than the date of the original Will. It would not be my place to ask why now and not earlier. It may just be a money saving issue, who knows -- but again, that's not the original question. Thanks for your input.:)
 

tecate

Member
Be sure to keep in mind Probate Code Section 21350, which may render this gift invalid unless your friend gets a certificate of independent review. Look to the statute to find out whether your friend is a dependent adult and whether the assistant is a care custodian.

Your friend should get legal help to make sure the gift is valid.
 

legalque

Junior Member
tecate: Thanks for your response. I've forwarded your advice to my friend. To be on the safe side, she agreed to contact her attorney.
 

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