San Jose, CA asked in Estate Planning for California

Q: If I get a Statutory Will Form and fill it out correctly and have two witnesses, is it a legal document? I am in CA.

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

A: Yes, but don’t add to it or get creative. Follow the instructions on the form carefully. You can fill in the blanks and check boxes, but that’s all you can do.

Gerald Barry Dorfman agrees with this answer

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: You can do it that way, but if you make a mistake, you will never be able to correct it, because you will be dead. You should have an attorney review any document that is supposed to take effect after your death, to be sure that it does what you think it does. What about a Health Care Power of Attorney? What about a regular Power of Attorney? You need these if you become incapacitated but are still living, in order to have someone else make the decisions for you.

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Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
PREMIUM
Answered
  • Estate Planning Lawyer
  • Carlsbad, CA
  • Licensed in California

A: Yes. The Statutory Will is designed to be foolproof, but if you have any special circumstances or want to get tricky then get some help. A professional will make sure you avoid Probate, plan for long term nursing care and avoid serious tax mistakes.

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