Legal Question in Wills and Trusts in Arizona

Re: Children's rights

If your father had a will, it must be submitted to the probate court and a Personal Representative must be appointed to administer the estate. If the girlfriend was nominated as the PR, she might have done this and been appointed, but it does not sound like it. If she did, the Will is public record and you can review it in the court records. My guess is that she did not file the will. You or your brother can petition the court to appoint you as the PR. Since you can not access the will, you will have to file intestate (no will). If your father died without a will, his assets will pass according to state law, which means to the next of kin, and the girlfriend gets nothing. You may contact me by email if you have further questions.

Re: Children's rights

You should retain legal counsel immediately and file a probate action in court, asking to be appointed Executor or Personal Representative of his estate. Then, you will have legal authority to collect his assets, his income, pay his bills and distribute his estate according to the Will (if you can find it) or according to state law, if there is no Will to probate. She has no authority to deal with his property or take his property, personal or real property, effects and cars, without first obtaining court appointment.

Re: Children's rights

A will is a public document, at least when someone dies and the will is attempted to be executed. It must be filed with a probate court, as well as any other documentation relating to settling the estate. That does not guarantee you will be provided for in the will, but it does mean you have a right to see it.