Perris, CA asked in Probate for California

Q: Father passes,will said sell home divide between three siblings,my friend ended in hospital and signed his portion

Of estate to me three witnesses, 3 days later he passes is this legal for me to get his wish.

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in California

A: Yes, as long as your friend was competent when he signed the will and you did not exercise undue influence over him. Keep in mind this will require two probate processes, one to get the house out of the father's name and into the three children's names, and another to get one of the one-third shares out of your friend's name and into your name.

James Edward Berge agrees with this answer

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

A: Assuming your friend’s Will is valid, yes, you’re now entitled to your friend’s 1/3 ownership interest in his father’s estate. Two probates are needed: one for the father’s estate and a second for the son’s estate. Both should be opened right away. The father’s estate cannot close until the son’s estate has been opened, and there are lots of notice provisions in the father’s estate that cannot be met without a representative being appointed for the son’s estate. You’ll need a probate attorney to help you. Due to conflicts of interest, you cannot use the same attorney who is handling your father’s estate to handle the son’s estate.

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