My step-father died 10/10 he left a will dated 1994 it is typed on plain typing stationary it was signed by a couple his witnesses and this couple is also deceased. From my current understanding in the state of California for a will to be valid it must be handwritten, signed and attested to by witnesses. I would like to know if the will is valid or is it not valid in probate. A paralegal offered his services to take this matter through the probate court however he did not say this will is not valid, I received information through the internet that in California wills must be handwritten to be a valid will.
Answer
Your information about a "handwritten" will is only one possible way to draft a will. If it is typewritten and has the proper formalities it can be valid.
I would be very hesitant about using a paralegal unless there was a minimal estate. Paralegals cannot give legal advice. They can only fill out forms for you.
Answer
I would go one step further than what Mr. Donner told you. Paralegals are breaking the law by engaging in the unauthorized practice of law, unless they are supervised by a licensed attorney.
There are two types of valid wills in California. The first kind, that you refer to, is known as a holographic will. To be a valid holographic will, all of the material terms and the signature must be in the handwriting of the testator. (The one making the will.)
The other type of valid will, can be typed, and most usually are. To be valid, this will must be attested. That means the witnesses sign a statement that they either witnessed the testator sign the will, or the testator acknowledged in their presence that the signature was his.
The fact that the witnesses are deceased are a proof problem if the will is challenged, but it does not automatically invalidate the will. I suggest you speaking to a probate attorney, instead of a paralegal.
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