Question about a holographic will in Calif.?

Question

If a deceased person leaves all their personal items to someone other than the spouse, is the spouse entitled to the items first, or does the named person legally get the items?

this is for the state of california where these wills are legally recognized.

Answer 1

I'll bet you're talking about specific items, like Grandma's afghan.  I further guess that you're the person not getting them.

As far as being "holographic," that just means, in California, that it's legible, intends to be a will, and is COMPLETELY in the person's handwriting. This has no bearing on what you can leave to whom.

There are certain things you cannot leave in a will ... including your spouses part of community property. So if Grandma gave the afghan to you and your spouse, you can only leave your half....

And, a spouse may be entitled to a minimum percentage of your estate, but that doesn't mean specific items, just a percentage of the total value.

More good info at http://www.calbar.ca.gov/state/calbar/ca...

Answer 2

The wife could scream FOWL! for the house, car and stuff they mutually used! His personal stuff, like his clothes, and anything that he bought for himself, he can will to anyone he wants to!

Answer 3

Where holograph wills are recognized, the only difference between them and other wills is the formalities requirement.  Aside from potential practical problems involving challenges to the will, they have the same legal impact.

The general rule is that a person has the right to dispose of his property however he wants.  However, family law statutes often give spouses certain privileges.  Commonly, there is a strong persisting interest in the matrimonial home.  Also, in some jurisdictions (I'm not sure about California), the spouse can elect to treat the death as a separation, and take equalization from the estate in the same way she would have in the case of a divorce instead of a death.  (Of course, this is purely a financial entitlement, and does not entitle her to any specific chattels in the estate.)