Despite the fact that 60% of Americans don’t have a basic will, they are very useful documents!  In addition to dictating where your property is to go when you die, and nominating an executor to handle your estate, the will is where parents of minor children nominate guardians to care for their children. 

Some attorneys prefer to have wills witnessed by three persons just in case, but it’s not necessary. If one of the witnesses turns out to be an ‘interested’ witness (in other words, stands to benefit from the will), the will is still valid, but the witness will be presumed to have obtained his bequest by duress or oppression, and will be prevented from inheriting unless he can rebut that presumption, or unless there are two other non-interested witnesses.

California also accepts ‘holographic wills,’ documents that are not witnessed, but where the signature and all substantive provisions are in the testator’s handwriting. However, courts are suspicious of these holographic wills and subject them to strict scrutiny.  When it comes to wills, I suggest you hire an attorney to draft you a simple will, or use an online service. If you use an online service, PLEASE have a lawyer look at the will afterwards to make sure you completed it correctly!

If it’s absolutely essential, a guardian can be removed by the Court for any of the following reasons, per the probate code:

(a) Failure to use ordinary care and diligence in the management of the estate.
(b) Failure to file an inventory or an account within the time allowed by law or by court order.
(c) Continued failure to perform duties or incapacity to perform duties suitably.
(d) Conviction of a felony, whether before or after appointment as guardian or conservator.
(e) Gross immorality.
(f) Having such an interest adverse to the faithful performance of duties that there is an unreasonable risk that the guardian or conservator will fail faithfully to perform duties.
(g) In the case of a guardian of the person or a conservator of the person, acting in violation of any provision of Probate Code Section 2356 (placing the minor in a mental health ward against their will, sterilizing them, etc.).

To request the removal, you will need to file a petition in the proper probate court. While an attorney is not a requirement, it is strongly recommended.  Call the Law Office of Daniel K. Printz at (858) 740-4370 for more information.