Legal Question in Wills and Trusts in Arizona
When my father died can I be removed from the living trust or will?
Can I legally demand a copy of the will or trust?
What are my options?
2 Answers from Attorneys
After your father died, the "living trust" becomes irrevocable and his last valid Will is the controlling Will. The trust only controls property transferred to the trust as the owner, property titled in his name, are subject to the terms of the Will. If there is a probate open, the Will should be part of the public record and you should have received a copy as an heir. Further, you are entitled to a copy of the trust if you are a qualified beneficiary. You may have to employ legal counsel or take legal action, if the person holding the documents refuses to cooperate.
You can demand to see a copy of your father's will or trust. The provisions of the will or trust cannot be changed after his death.