california father died in wildfires unmarried girlfriend says there was a holographic

[Hiya Watha]

What is the name of your state? California.
Father died in california 2003 wildfires. everything burned. the house everything.

I am the only child.

My fathers girlfriend of 15+ years is contesting my probate saying there was holographic will. There are no witnesses to any will and no will has ever been found or seen or even discussed with my father. The girlfriend says dad showed her holographic will 10 years ago and has never seen or talked about it since with anybody.

They shared no property. No bank accounts, no vehicles, the house and property he purchased before they met. No insurance documents, he did not support her. They had no shared assets.

Does she have a case?

 

[I AM ALWAYS LIABLE]

What is the name of your state? California.
Father died in california 2003 wildfires. everything burned. the house everything.

I am the only child.

My fathers girlfriend of 15+ years is contesting my probate saying there was holographic will. There are no witnesses to any will and no will has ever been found or seen or even discussed with my father. The girlfriend says dad showed her holographic will 10 years ago and has never seen or talked about it since with anybody.

They shared no property. No bank accounts, no vehicles, the house and property he purchased before they met. No insurance documents, he did not support her. They had no shared assets.

Does she have a case?

My response:

Tell her, "Show it to me and if you're a beneficiary, I'll make sure the court confirms your bequests under that Will. But, until you show me and the court that Holographic Will, then shut the hell up!"

IAAL

 

[rmet4nzkx]

Does she have a case?

She has a case of gall

 

[BelizeBreeze]

What is the name of your state? California.

My fathers girlfriend of 15+ years is contesting my probate saying there was holographic will. There are no witnesses to any will and no will has ever been found or seen or even discussed with my father. The girlfriend says dad showed her holographic will 10 years ago and has never seen or talked about it since with anybody.

Is the girlfriend named Princess Lieha?

 

[I AM ALWAYS LIABLE]

My further response:

Remember, our writer said, "there are no witnesses" - - as is usually the case when a testator writes a "holographic Will".

A petition for probate of decedent's will may be made regardless of whether the Will is in petitioner's possession or is lost or destroyed. [Ca Probate § 8000(b)]

Method of proof; special requirements:
A lost or destroyed will may be proved in the same manner as any other will (subscribing witness testimony, etc.). However, the court must first be apprised of the contents of the alleged Will (Ca Probate § 8223)

Allegation in petition for probate:
The petition for probate must state that a "lost" or "destroyed" Will is being submitted for probate. This may be alleged by separate attachment, modifying the language at items "2a" and "3e" on the petition.

For example:

"Decedent left a will dated . . ., which petitioner alleges is decedent's last will. This will has never been revoked but was . . . (indicate circumstances of loss or destruction)."

Then, a subscribing WITNESS must file their Declaration concerning the fact of the Will's existence, and the contents of the Will itself. If there is none, then the decedent is treated as having died "intestate", and the decedent's property, etc., is distributed "per sterpes" (by statute). In short, "girlfriend" is out.

IAAL

 

[Hiya Watha]

witnesses are her drinking buddies.

Thank You for your responses, its nice to hear a different point of view.

Yes, she is claiming the holographic will has been destroyed in the wildfires of 2003.

Her witnesses are her three drinking buddies . 8-10 years ago they claim to have had a lunch with her where she discused that my father had made a holograhic will.

Again , none of the witnesses say that they ever saw a will or talked to my dad about a will. The only knowledge the witnesses have about a will is an alleged conversation with the girlfriend 8-10 years ago at lunch.

Can i click on a link to your statute references? I would like to read them.

 

[rmet4nzkx]

This will give you access to all Ca. Codes
http://www.leginfo.ca.gov/calaw.html
She has a problem with her witnesses

 

[I AM ALWAYS LIABLE]

Thank You for your responses, its nice to hear a different point of view.

Yes, she is claiming the holographic will has been destroyed in the wildfires of 2003.

Her witnesses are her three drinking buddies . 8-10 years ago they claim to have had a lunch with her where she discused that my father had made a holograhic will.

Again , none of the witnesses say that they ever saw a will or talked to my dad about a will. The only knowledge the witnesses have about a will is an alleged conversation with the girlfriend 8-10 years ago at lunch.

Can i click on a link to your statute references? I would like to read them.

My response:

Then the witnesses are not witnesses at all. Any testimony they may offer is hearsay (See Evidence Code section 240). You can check out any code section I've listed, and more, by clicking on this link.

http://www.leginfo.ca.gov/calaw.html

Good luck.

IAAL

 

[Hiya Watha]

evidence code questions

california

I have been looking at the codes. i have trouble applying evidence code 240. could you please elaborate on what the girlfriends' alleged witnesses have to do be or prove to be legitamate to the court/judge.

On my side I have 2 impartial and non-related witnesses that have given depositions that say in essence my dad intended to give everything to me. They are not friends of mine i did not have a relationship with them. They were his neighbors.

Tyvm, Hiya Watha

 

[seniorjudge]

Is there an actual lawsuit filed here?

Sorry if I am repeating something...couldn't tell by riffling through the thread.

She is wanting to prove a lost or destroyed will.

Good luck.

That's one of the most difficult things you can do in the law.

I hope you countersue her for filing a frivolous lawsuit.

 

[Dandy Don]

So has anyone filed to be executor/administrator of the estate and started to claim assets or has girlfriend already gotten her greedy hands on the bank accounts and everything else?

 

[Hiya Watha]

yes there is a lawsuit filed

Yes there is a lawsuit filed.
Probate was filed 5 months after the california wildfires in 2003 and she filed the lost will objection after that. We have had a lawsuit pending for close to a year. things are moving very slowly and im not sure if there is a way to speed things up or should i even try to.

still would like to know about what her witnesses are required to be, to be considered acurate and the code.

thanks

hiya watha

 

[Hiya Watha]

i am special administrator

she hasn't gotten anything of my fathers estate besides a little temporary living expence from fire insurance and some fema relief money for a church service.

My probate attorney has gotten me special administrator privelages. I have settled the home owners fire insurance claim. and have transfered all bank accounts / stock acounts into the estate account of my father per probate code.

She has no money therefore nothing to loose my sueing me.

still what like clerification on the evidence code 240.