Aug 31, 2010

Can You Pre-validate a Will in California?

OKAY2.jpgLiza: I live in California. Can I get my Will pre-validated? No, you can't. Though I can see why you might want to. Pre-validating a will lets you make sure that your Will won't be challenged in court after you die. Instead, you can get a probate court to declare it valid while you're alive, which is handy, since you're actually around to tell the court that it's exactly the way you want it to be if anyone makes a fuss after being notified of what you intend to do. But so far, only a few states allow pre-validation: Alaska, North Dakota, Ohio, and Delaware. Cynically speaking, it's such a good idea that my guess is lawyer lobbies are trying to block it elsewhere, since it would potentially cut down on probate fights after death (and that's what's called a meal-ticket for attorneys.) If you want to read more, here's a good article from FA (Financial Advisor) magazine.