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| A HANDWRITTEN WILL SOURCE: LOS ANGELES TIMES STORY OF OCTOBER 25, 1990. Frank Bain, a California resident, died in 1953 and a handwritten will was submitted to the probate court. In his handwritten will, Mr. Bain had designated his niece and other friends as his heirs. He intended nothing for his granddaughter. But, the court invalidated his will and awarded the entire estate to his granddaughter, completely abrogating the deceased's intentions. The court cited the California Code and said that, "The law required that any children or children of deceased children be specifically named if they were being left out intentionally." It also noted that Bain "knew just enough about probate law to think that he could safely prepare his own will ..." The bottom line, ... he saved an attorney fee and completely disinherited his niece. People are constantly asking me what I think about the many books on the market about wills, trusts and estate planning. My stock reply is that "Most of the books are full of useful information and are valuable as learning tools." Then, I advise people to use the knowledge they have learned to outline their desires ... and take their notes to an attorney licensed to practice law in their state. Let the lawyer compose the final legal document. A final word of warning regarding this particular case. Do not suppose that every state is like California. This case could have gone differently in other states. |
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