Legal Question in Wills and Trusts in Arizona

Re: After Death legal Relatives

If a person dies without a Will, then state law determines who inherits, and if he was a resident of AZ when he passed then AZ law would control. The probate is controlling over assets owned by the deceased, individually. If there are assets titled in the name of the trust, then the trust agreement controls who gets what benefits, and CA law would apply to the administration of the trust agreement.

Re: After Death legal Relatives

Your question has two parts, the step children inheriting the intestate (no will) portion of the estate, and the administration of the trust.

State laws determines who inherits if there is no will. But wait a minute! You state there is a trust. Was that done by an attorney? It is unusual for a person to set up a trust without also having a "pourover will" which sweeps up any asset not in the trust (which perhaps should have been) and pours those over into the trust. Perhaps further investigation is needed to see if there really was a will. Also, some trusts provide in their terms, or the exhibits, that all personal property is transferred to the trust.

Once again, and I have said this a zillion times, we are at a disadvantage in not having before us the actual documents, which might be very revealing in this situation and are crucial to any opinion.

As to the administration of the trust, it may say that it is to be interpreted under California law, but there is a factual question here as to the administration. Having moved the assets and trust to Arizona (don't know all the facts on this) may mean that Arizona law governs the administration of the trust.

I need more facts, and the situation may not be as hopeless as you feel. You are welcome to call me at 480.835.1500 for more free information without any obligation.

Best regards,

James D. Jenkins