Legal Question in Wills and Trusts in Arizona
Altering/amending a will after the spouse has passed
My father passed 5 months ago. My step mother receives all assets until her passing. My step mother informs me that she is selling their home, moving to a different city, and back to a previous husband. Should I be concerned over the possibility of her remarrying and rewriting her and my fathers original will to incorporate husband #2 and #4 (one in the same). Can she remove my sisters and myself as beneficiaries? Is this legal? Do I have to be notified of any alterations/amendments (I am a PR)? How do I ensure my notfication of changes and that even contact is maintained? Next concern - financial choices. Do I have a right to input on her financial decisions? Is there away to keep her from financially assisting her children throughout the rest of her life? She and my father have done this for her children occasionally in the past. They purchased a home within the past year for one of her children to live in. He makes the payments (?!?), but it was my fathers credit that purchased the home. He is supposedly moving as well. Who receives those profits? Contesting the will carries a penalty of a $10 benefit!
Sincerely,
Frustrated, confused, angry, etc.
1 Answer from Attorneys
Re: Altering/amending a will after the spouse has passed
You have many questions, all worthwhile. It is difficult to give answers without examining the estate documents of the decedent. Is this a trust? It does not sound like a simple will. Perhaps it is a testamentary or living trust that your father signed? I would need to see documents, and then could quickly answer all these questions. To answer otherwise would require a very lengthy dissertation stating: assuming this, then that is the answer, or assuming something else, then yet another answer. It would frankly be easier to review the documents. If you would like, I would be willing to do so in a free, no obligation conference. You can call 480.835.1500 to arrange this. Bring the documents with you that apply. There can be no fair answer without inspecting the wording and provisions of the will or trust. Thanks.
Best regards,
James D. Jenkins
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