Los Angeles, CA asked in Estate Planning for California

Q: In the state CA and AZ is a will and last testament valid if the executor is on federal probation in CA

My brother-in-law who resided in the state of Arizona what is originally from the state of California where his eldest brother live and it's also on federal probation was given his brothers last will and testament when he made a visit to California the last will and testament is signed by two Witnesses the decedent was laid to rest and Rose Hills Cemetery in Los Angeles County first question would be does the will and last Testament have to be filed in the county clerk's office in either State and if so please let me know which state or both

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2 Lawyer Answers
Zaher Fallahi
Zaher Fallahi
Answered
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: The reason no attorney has responded to your question may be that they must speculate on the facts, which takes time. I would review your facts and share it with a friend and get feedback on its clarity before reposting it. I hope this will not offend you. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax advice. For specific advice please consult your legal counsel.

Chris M. Bradford
Chris M. Bradford
Answered
  • Estate Planning Lawyer
  • Santa Monica, CA
  • Licensed in California

A: As to your first question, wills are not filed in the County Clerk's office in California. If a will needs to be filed, it is filed in the probate division of the Superior Court. But first you need advice as to whether a will needs to be filed at all. To get that advice I recommend you get a consultation with an estate planning attorney to figure out what is going on. It is not clear who died. It is not clear where he or she died. It is not clear where he or she resided. It is not clear when the person died. It is not clear if the person has a trust or just a will. These facts need to be sorted out and clarified. As to the law in Arizona, I do not know as I am only a California attorney.

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