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life estate document not notarized

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J

jozella

Guest
I am in a long term relationship w/ someone who cannot marry me due to Alzeimers disease of spouse. I live in a townhouse he owns which is in the AB family. He wrote instructions that he wants me to have a life estate and gave copies to his attorney, executor and me. It is not notarized. Will it hold up in California?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by jozella:
I am in a long term relationship w/ someone who cannot marry me due to Alzeimers disease of spouse. I live in a townhouse he owns which is in the AB family. He wrote instructions that he wants me to have a life estate and gave copies to his attorney, executor and me. It is not notarized. Will it hold up in California?<HR></BLOCKQUOTE>

My response:

As long as he wrote the document completely in his own handwriting, and dated it, and signed it, then it will be fine. If it's in his own handwriting, what he has created is a "holographic codicil" - - which acts as an addendum or amendment to his own formal Will.

If, on the other hand, he typed the document, and it is not witnessed by two disinterested persons, then the document will have no force or effect.

IAAL


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