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Change to a trust?

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jomccartney

Junior Member
What is the name of your state (only U.S. law)? CA

My grandfather made his will several years ago having married a much younger woman, he left everything to this woman in his will. they never lived together and separated two years ago, but nothing legal to separate them was ever done. two years ago he amended his will to change it (so the 'wife' wouldn't recieve his house and it would go to his family) but didn't get this notorized. however, the wife did give my family a hand written document which states she had no interest in his residence and wants it to go to his family, (she did this as there was uproar in the family when they got married) which she had notorized. can anyone advise me if this would be considered a legal document? if the will dicates she is to recieve the house, but she gave us a signed statement declaring no interest in the house, where do we stand? thank you in advance!What is the name of your state (only U.S. law)?
 


curb1

Senior Member
Is grandfather alive, or dead? If alive, get this straightened out correctly, immediately. If dead, you have potential problems.
 
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tecate

Member
It is not required to notarize a will in California. If, after he dies, she asserts an interest in it, you have something to counter.
 

Zigner

Senior Member, Non-Attorney
It is not required to notarize a will in California. If, after he dies, she asserts an interest in it, you have something to counter.
Nope - the paper won't mean anything. The wife has the option to assert her rights at a later point.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CA

My grandfather made his will several years ago having married a much younger woman, he left everything to this woman in his will. they never lived together and separated two years ago, but nothing legal to separate them was ever done. two years ago he amended his will to change it (so the 'wife' wouldn't recieve his house and it would go to his family) but didn't get this notorized. however, the wife did give my family a hand written document which states she had no interest in his residence and wants it to go to his family, (she did this as there was uproar in the family when they got married) which she had notorized. can anyone advise me if this would be considered a legal document? if the will dicates she is to recieve the house, but she gave us a signed statement declaring no interest in the house, where do we stand? thank you in advance!What is the name of your state (only U.S. law)?
What format is the original will in?
What format is the amendment in?

Is dad alive?
 

jomccartney

Junior Member
Change to trust again

Grandad is alive but in hospital, declared senile and incompetant to take care of any financial/health matters. We have POA for him, but this issue with his will just surfaced and looks quite bleak....
Amendment was made by his lawyer - but document was never signed! so we think this is a 'moot point' now. Both the will and amendment are on documents drawn up by his lawyer.
 

TrustUser

Senior Member
an unsigned amendment isnt gonna mean anything.

since he is senile, he cant legally sign anything.

i think you are stuck. maybe the wife will give you the house, as she said - but it appears as if you have no legal grounds to it.
 

tecate

Member
I disagree with Zigner that the paper means nothing. While she can always try to get something, this document might be used as evidence if she changes her tune.
 

curb1

Senior Member
My bet is that wife will change her mind and decide the house would be nice to have. The legal maneuvering will be interesting. My speculation is that the wife gets the house.
 

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