Q: A friend of mine passed away and in his will he stated he was giving me the home that he owns if his will has his signat
Has his signature and my signature before he passed giving me the title to the house is the house can be legally mine if it states do as you need sell it to your behalf or whatever you need to do to maintain this property cuz he can no longer maintain it and he is the last of kin legally is that will legal for the courts to see that if I am still maintaining in the home after he's been passed for 2 years and I'm mean my wife for the only one who's been maintaining the home can that legally be mine if he is a title owner and his states in the will that he is giving me the property is that a legal document if mine is signature is on the document on his will
A: More information is needed. Speak with a local probate attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A: Just taking care of a home does not give anyone rights in the property -- other than the right to be paid if the worker was hired by someone else. Otherwise, if people could care for a home and automatically get ownership rights, every caretaker of every home would be very rich! If your friend had a Will, not a Trust, you will need to file an action in Probate Court and receive a court order before the property can be transferred to anyone. Find a probate lawyer to assist you. Best wishes!
A:
Under California law, for a will to be legally valid, it generally needs to meet certain requirements, including being in writing, signed by the testator (the person making the will) and witnessed by two competent witnesses. If the will meets these requirements and it specifically states that your friend is leaving you the home, it may be considered a valid testamentary document. However, you should consult with a qualified California attorney to review the will and advise you on its validity and the legal implications for the property.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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