San Francisco, CA asked in Probate for California

Q: Does a decedent need to inform a beneficiary that changes were made to their will?

When I was asked to sign the Will by the decedent it was a particular percentage. Then after she passed away and I received a copy of the will and the Probate Petition from the Executor's lawyer, my perecentage had changed to 5% less than the original percentage that the decedent showed me when I signed. I have no way of proving this though. Is there any action I can take to see what happened?

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1 Lawyer Answer

A: Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Your description is not clear to me. Where were you signing on the decedent's will? In what capacity where you signing the decedent's will? If you are a beneficiary under the will, you are disqualified to act as a witness for the execution of the will. To answer your question, a testator does not need to tell anyone what his/her estate plan provides. A will is considered "ambulatory"--that is, it does not take effect until the testator passes away. During his/her lifetime, a testator is free to revoke an existing will, amend the will, make codicils to the will, etc. You should consult your own attorney to protect your legal rights.

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