San Jose California Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

State:
California
City:
San Jose
Control #:
CA-WIL-01400
Format:
Word; 
Rich Text
Instant download

Description

The Will you have found is for a divorced person who has not remarried and who has both minor and adult children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions. It also establishes a trust for the estate left to the minor children.


This Will must be signed in the presence of two witnesses, not related to you or named in your Will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the Will.

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  • Preview Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children
  • Preview Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children
  • Preview Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children
  • Preview Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children
  • Preview Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children
  • Preview Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children
  • Preview Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children
  • Preview Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children
  • Preview Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children
  • Preview Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children
  • Preview Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

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FAQ

Failure to file prevents beneficiaries from accessing their inheritance, allows creditors to continue pursuing claims against the estate, and can result in you being removed from your position or even criminally prosecuted if the court finds that you did so out of your own financial interest.

A will must be filed with the court in California in the county where the deceased person lived. The court will use the will to determine if probate is necessary and to ensure the decedent's wishes are followed for the dispersal of the estate.

Here are the requirements to make a valid will in California: You must be at least 18 years old. You must be of sound mind and memory.You must make your will freely and voluntarily.Your will must be in writing, meaning it exists in a physical form.

THE VALIDITY OF A WILL It must be made voluntarily. It must be in writing (either typed or hand written) It must be signed by the testator. The signature of the testator must be acknowledged by at least 2 witnesses (it is advised that a beneficiary to a will must not act as a witness to the will).

If you do not file for probate within this time frame, the estate will be considered ?abandoned? by the court. This means that all the assets in the estate will be frozen and inaccessible to the beneficiaries. To have the assets released, you will need to go through a complicated and time-consuming legal process.

Are All Wills Lodged With California Courts? For starters, Wills are usually only lodged with the court when someone files a petition in court seeking to open probate for the decedent. This is a rarity since most assets pass outside of probate these days.

What Are the Three Conditions to Make a Will Valid? The testator, or person making the will, must be at least 18 years old and of sound mind. The will must be in writing, signed by the testator or by someone else at the testator's direction and in their presence.The will must be notarized.

The will must have been executed with testamentary intent; The testator must have had testamentary capacity: The will must have been executed free of fraud, duress, undue influence or mistake; and. The will must have been duly executed through a proper ceremony.

The Will Must be in Writing In California, oral wills that are not in writing are invalid. A will must be in writing to be considered legally valid. The testator, or person making the will, does not need to write or type the will himself or herself. The will can be typed or hand-written.

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San Jose California Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children