Legal Question in Wills and Trusts in Arizona
My granfather passed away a year and a half ago. I was told that myself(his granddaughter),my dad(his son), and his wife were all in the will, to all get a third of whatever they sell the house for. We have not gotten much at all from his wife. As they might have actually gone back and changed the will again after they told us that was what it was. I'm wondering if we were actually in the will or not. how we could find out? And if we could have been and not know it?
1 Answer from Attorneys
A Will is a private document and is not required to be recorded or made public. When a person dies with more assets than the minimum set by law, then a probate must be opened and the Will should be filed with the application to open the probate case. Then, each of the heirs and persons mentioned in the Will should receive notification and a copy of the Will.
A person can make a new will any time and there is no obligation to show the heirs or tell the heirs that a new will has been made and the old one cancelled. It is certainly common place that the current wife pushes the husband to make a will which will protect her for the rest of her life, and make that a priority over any children and grandchildren.
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