The witnesses have to be present and see each person sign the will - i.e. they have to see the "testator" sign and they need to see the other...

Brother and his wife filed for legal separation. brother has just died. Is the wife entitled to all assets? no will

It doesn't matter that they filed for legal separation. If they're still married, then she is the surviving spouse for Probate Code purposes....

I try not to disagree with lawyers on Avvo. But, PLEASE don't do an affidavit of death, unless you check with an estates lawyer who understands...

Can a handwritten will on a legal document be written by someone other than the gurantor? Is this legal and acceptable?

As a practical matter, it's almost impossible to uphold a handwritten will that favors a non-family caregiver. The Probate Code makes caregivers...

I used to have a contract with a lender, and I've drafted a few hundred of these letters. Unlike most situations where you are paying for the...

My two brothers are, with me, co-trustees of my dad's living trust. One brother lives in the house. There is a reverse mortgage

The problem really isn't the house. It's the proceeds from the sale of the house. They can't put a lien on the property because you're a trustee....

My office is in Placentia, not far from Orange. If you haven't heard from the other attorneys yet, please contact my office. We'll take care of you...

Is there a Statute of Limitations on collecting money owed from an estate?

As a general rule, you're out of luck. There are some exceptions, but Code of Civil Procedure Section 366.2 sets the statute of limitations at one...

How do you fund a revocable living trust with community property (family residence) and still maintain community property status

I agree wholeheartedly with Mr. Schultz. I would only add that the trust itself has to be drafted to comply with the community property rules. If...

Does the 'Pain and suffering' portion of an injury settlement disqualify an elderly medi-cal recipient from the program ?

There are some details that might affect the outcome. But, the general rule is that a personal injury award funded into a proper Special Needs...