I have received so many questions emailed me from our readers that I will try to clarify some of them in this column over the next few weeks.
Question: Mr. Gribow I have read your articles on Wills and Estate Planning. Do I understand you correctly that a handwritten will is valid?
DG: Yes, but it may not do everything you think it will do and that is why you need to consult an attorney. If there is anything else on the paper on which the will is written, it becomes invalid. For instance if you are at the Hyatt Grand Champions in Indian Wells and use a piece of Hyatt’s stationary to write your will, then if anything is written on the stationary, it is no longer valid.
Question: I had a friend who was in his dad’s will, as was his sister, for the same amount of money. The father left $1,000,000 to each but the money going to the son was in the form of a Ferrari that was worth a million dollars whereas the daughter was given a million outright. Before the father died he sold the Ferrari and used the money to buy a piece of property. Does my friend have a right to the property or getting a million dollars from the Estate?
DG: If you leave $1,000,000 to one kid and a $1,000,000 Ferrari to the other, and the car is sold before Dad passes on, then the kids that was left the Ferrari gets nothing. If it is no longer in existence (i.e. a specific bequest) it is gone. The $1,000,000 to the daughter is a General Bequest so the beneficiary gets the Million dollars. However the Ferrari is a Specific Bequest and if it has been sold the beneficiary gets nothing. That is true even if the
parent purchased another Ferrari.
Question: I read your business card that has information on what you have to do if stopped for a DUI. It says I can refuse the Field Sobriety Test and Breath test at the scene. Won’t my license be taken away from me if I refuse?
DG: Yes, if you refuse all tests that is considered a Refusal and DMV will take your license away for 1 year…automatically. There will be no temporary or restricted license for the driver. My business card explains that that you should courteously advise the officer you are willing to do anything that is mandatory and that you understand both of these are optional and thus you OPT not to take those tests at the scene. You then can ask for a Breath test or Blood test at the Station. If you request a Blood test it often takes some time to find someone to draw the Blood. Please feel free to contact me if you want a copy of that card.
Dale Gribow has been “Rated” TOP LAWYER by Palm Springs Life Magazine from 2011-2013 and has a Superb Avvo Legal Rating. Dale Gribow has been Man of the Year 7 times including the City of Palm Desert and the City of Hope and Dale Gribow Day has been declared 4 times.
If you have any questions regarding this column or ideas for future columns please contact Dale Gribow Attorney at Law at his NEW number 760 837 7500 and or his new email: dale@dalegribowlaw.com
