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To: woofer2425

My advice:

Don’t rely on the legal advice of non-lawyers here.

Unsigned wills have been accepted but it is the more difficult route.

Even oral wills have been accepted.

There is even the possibility of either will being contested.


18 posted on 10/08/2020 2:35:11 PM PDT by TexasGator (Z1z)
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To: TexasGator; woofer2425

None of Gator’s possibilities would work here in California. Not stated in the fact pattern but both the IRA and annuity should have beneficiaries so those assets wouldn’t get probated


73 posted on 10/08/2020 4:20:31 PM PDT by j.havenfarm ( Beginning my 20th year on FR! 2,500+ replies and still not shutting up!)
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To: TexasGator

Even in Louisiana the bar is mighty high for a Nuncupative will (Louisiana Civil Code Sec 1578:

When a testator knows how to sign his name and to read, and is physically able to read but unable to sign his name because of a physical infirmity, the procedure for execution of a notarial testament is as follows:

(1) In the presence of the notary and two competent witnesses, the testator shall declare or signify to them that the instrument is his testament, that he is able to see and read but unable to sign because of a physical infirmity, and shall affix his mark where his signature would otherwise be required; and if he is unable to affix his mark he may direct another person to assist him in affixing a mark, or to sign his name in his place. The other person may be one of the witnesses or the notary.

(2) In the presence of the testator and each other, the notary and the witnesses shall sign the following declaration, or one substantially similar: “In our presence the testator has declared or signified that this is his testament, and that he is able to see and read and knows how to sign his name but is unable to do so because of a physical infirmity; and in our presence he has affixed, or caused to be affixed, his mark or name at the end of the testament and on each other separate page, and in the presence of the testator and each other, we have subscribed our names this _____day of ____, _____.”


106 posted on 10/08/2020 5:13:14 PM PDT by PAR35
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