Legal Question in Wills and Trusts in Arizona
Access to a copy of the trust or will of a deceased family member
How do I get a copy of the will or trust my grandmother left when she passed away. An Aunt is the executor, but we never recieved a copy of the will or trust, however I am certain my grandmother left a part of her estate to her grandchildren. We want to get a copy of the will or trust without the Aunt's knowledge because this may do further harm to our relationship with her. What can we do?
4 Answers from Attorneys
Re: Access to a copy of the trust or will of a deceased family member
You may receive a copy of the trust if you are a beneficiary of the trust. You request one from the executor or trustee of the estate.
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Re: Access to a copy of the trust or will of a deceased family member
Is your mother still alive? If so, have her request a copy from your Aunt. As for getting a copy of the will or trust without her knowledge, perhaps talk to your grandmother's friends and ask them if they know what attorney helped her execute her estate plan. If you get lucky and find that attorney, there is a chance that attorney might send you that document for a small fee.
Re: Access to a copy of the trust or will of a deceased family member
You can't do it without her knowledge accept as to a will that was or is being probated, in which case a copy will be in the probate file. However, even this copy may not be the real or final will.
Re: Access to a copy of the trust or will of a deceased family member
If the decedent was a resident of Arizona at the time of death, then Arizona law and not California law applies.
Make a written request of the custodian of the estate papers for a copy. Keep a copy of your request. Arizona law requires the custodian of the will or trust to provide copies to beneficiaries. Sometimes you have to get an estate attorney to protect your rights because some people will not follow the law.
Good luck.