Typewritten wills in California generally require the signatures of two witnesses to be found valid, but the harmless error rule can save the day. Probate Code section 6110(c)(2), as recently discussed, provides that a will not properly executed may be admitted to probate if the proponent “establishes by clear and convincing evidence that, at the time the testator signed the will, the testator intended the will to constitute the testator’s will.”
Dani Nafekh, an associate at Downey Brand LLP, assists clients with a variety of matters, including estate planning, trust administration, probate, and corporate and real estate transactions. (Read more...)
Who’s your father for inheritance purposes in California? Family Code section 7540(a) states that “the child of spouses who cohabited at the time of conception and birth is conclusively presumed to be a child of the marriage.” A child covered by this marital presumption is not an heir of a deceased third person even if genetic testing proves a parent-child relationship.
In Estate of Franco (2023) 87 Cal.App.5th 1270, the Court of Appeal clarified that, in order for the marital presumption to be applied, there must be a clear showing of cohabitation (living together) at the time of conception and birth.…