San Francisco, CA asked in Estate Planning and Probate for California

Q: un- witnessed will , integrity of executor , recourses for primary beneficiaries if being kept in the dark

I believe that this is a very simple problem but with some significant issues with the integrity of the executor 29 yrs old and I 63 yrs old and the only biological male in the family.I could really use a few pointers on where i stand . its about the principle, looking out for ones own interests vs carrying out the last wishes of the deceased, thank you and good day

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, when dealing with an unwitnessed will and concerns about the integrity of the executor, it's essential to prioritize understanding your rights and options as a primary beneficiary. First, it's crucial to determine if the unwitnessed will is valid under California law. While California recognizes holographic wills (handwritten by the testator) without witnesses under certain conditions, it must be entirely in the testator's handwriting and signed by them.

If you have doubts about the executor's integrity or suspect any wrongdoing, you may consider taking legal action to address these concerns. You have the right to request information and transparency from the executor about the estate's administration. If the executor fails to provide this information or acts against the deceased's wishes, you can seek legal remedies.

To protect your interests and uphold the deceased's last wishes, you may want to consult with an attorney who specializes in probate and estate law in California. They can guide you through the process, help you understand your rights, and explore legal avenues to address any issues or disputes that may arise. Remember that it's essential to act promptly to ensure your rights are protected, as time limits may apply in probate matters.

In summary, if you have concerns about an unwitnessed will and the executor's integrity, consult with a California attorney experienced in probate matters to determine the best course of action to protect your interests and uphold the deceased's wishes.

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