Legal Rules for Writing Valid Will Are Outlined

Q. What are the legal requirements for writing a valid will? I am thinking that it is time I write one. I don’t have much to leave, and I don’t have any children or a husband. I do have good friends who have been kind to me, and I would like to give them something.

C.R.,

Buena Park

A. The law requires that a will must be in writing. The will must be signed by you or in your name by someone else at your direction and in your presence. At least two people, who are present at the same time, must witness the signing of the will or your acknowledgment of your signature or of the will itself. Those persons must also sign the will as witnesses with the understanding that it is your will.

The law also provides that you may write a valid will without the use of witnesses. This is called a holographic will. Your signature and the material parts of the will, such as the disposition of property, must be written in your handwriting. You should also date when you wrote the will in your own handwriting.

Q. I am tired of hearing other people’s car radios when I am driving. Sometimes, the radios are so loud that I can hear them over my own when we’re stopped at a light. Aside from the satisfaction in knowing that these people will have hearing problems when they get older, I should think that there should be some kind of a law preventing this!

D.E.,

Anaheim

A. You will be pleased to know that there is a law that prohibits loud sound amplification systems in cars. The law prohibits any such systems from being operated at a volume that can be heard outside the car from 50 or more feet while that car is being operated on a public street or freeway.

There are some exceptions to this rule, for it does not apply to emergency vehicles or to such events as parades.

Q. I went to Small Claim Court to fight a lawsuit brought by my landlord against me. Before court started, all of the people who were there from small claims were asked to sign a piece of paper agreeing to let a “judge pro tem” hear their case. I didn’t know what one was but since everyone else was signing, I did too.

I am now wondering if I made a mistake. The judge pro tem who heard my case wouldn’t make a decision and told me that he would let me know the result by sending me a letter. It’s been a couple of weeks now and I still haven’t heard.

I guess my question is, what is a judge pro tem?

P.O.,

Brea

A. A judge pro tem is generally an attorney who has been appointed by a court to hear certain types of cases as a judge. These cases are usually traffic trials and small claims. Since a judge pro tem is not an actual judge, the parties who appear before one must consent to having their cases heard by one. This is the reason you were asked to sign the paper before your case was called.

It is not unusual for anyone--be it a judge, commissioner, or judge pro tem--to not arrive at an immediate decision after hearing a small claims case. Oftentimes, it is necessary for the person hearing a case to study any written evidence which the parties have submitted or to do some research before a ruling can be made. The fact that your case has been taken under submission (i.e. the decision being sent to your by mail) should not be viewed as an indication of the competence of the person hearing your case.