Legal Question in Wills and Trusts in Arizona

probate

hello--my dad passed away--he wasnt married but lived with a lady for 24 years--in az---no common law--he left a will thats not valid, never signed or noterized--now this lady is signing all docs claiming she was his spouse....also is signing things into her name only....shes forging his signature---i am the oldest kid left and need advice---what can I do to settle whatever my dad may have had in his name before she takes it all..? she even signed the papers at the funeral home as his spouse and she isnt.....so now shes taking everything including the things only in my fathers name?? what can my sisters and I do?


Asked on 6/08/08, 9:39 pm

3 Answers from Attorneys

James Jenkins Jenkins Law Center PLC

Re: probate

From experience I will tell you that these cases are troublesome. More facts need to be known. Speak to an estate attorney immediately. There are a number of steps you can do, but a determination of the value of the assets needs to be ascertained. Are we talking about personal effects and a car, or major property? Present all facts to an attorney. We offer free initial consultations.

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Answered on 6/09/08, 12:27 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: probate

You and your sisters should take immediate action to ask the court to intervene and determine whether there is a valid Will and who are the actual heirs of your father's estate. The court will protect the interests of the heirs, and will order your father's friend to return to the estate all property she has improperly taken. If the court finds that she has exploited the estate and the heirs, it can penalize her in many ways.

In order to get justice, you must act promptly.

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Answered on 6/10/08, 12:29 am
Brian Blum Blum Law Office, PLC

Re: probate

The first step is to open a probate case at the court in the county where your father lived. Even though they were not married, she still may be entitled to some of the property. See an attorney as soon as possible.

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Answered on 6/08/08, 10:15 pm


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