Ponee (featherfire) wrote in little_details,

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California last will and testament

This is a series of questions...I hope it's okay to ask them all at once. And I hope I don't confuse anyone. ._. My character's parents died in a car accident eleven years ago. At the time of their death, he was a minor (eight years old). Everyone is living in San Francisco.

1. Is it possible for his parents to have had a joint will which stipulates to whom the care of their son goes in the event of both their deaths? Or do they both have to file their wills separately?

The person in question is their mutual best friend, who was named as the son's godfather. He is a single man, but he has his own home and a steady, well-paying job (you'd have to, in order to live in the middle of San Francisco, even eleven years ago x_x).

2. Can the boy's grandparents contest the parents' will in court, and, more importantly, can they win? Is it more likely for a court to rule in favor of the grandparents, overruling the parents' will?

3. In cases like this, would a judge/other official bother to ask the child what he wants, or would he merely rule in what he considers to be the child's "best interests"? Would a child have to be pronounced mentally sound in order for this to happen, or would it just not happen at all?

Thank you in advance for any help!
Tags: usa: california, ~custody & social services

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