Reno, NV asked in Estate Planning and Probate for California

Q: My mom wrote a notarized letter leaving me her belongings, can her boyfriend fight that in court?

They aren’t married, but have lived together for around 6 years.

We also lived in a different state. I moved to Nevada 3 years ago, she lives in California.

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1 Lawyer Answer
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: If there’s no dispute that your mom owned the property she sought to leave to you, it’s hers to give away. A letter however is not a Will unless it’s intended to have testamentary effect and is either written entirely by your mom in her own handwriting or signed by two witnesses. If the letter doesn’t qualify as a Will, perhaps you’re still entitled to the property as an intestate heir to your mom’s estate. Check with a probate lawyer.

Nina Whitehurst and Gerald Barry Dorfman agree with this answer

2 users found this answer helpful

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