Legal Question in Wills and Trusts in Arizona
Legality
My father who just passed away today has signed a joint mutual living trust with his living girlfriend of three years. I was told by her that the trust would mean that if my father die first everything he owned would go to her and if she die then it would go to her children, my sibling and I. I would like to know if I have the legal right to have copy of this trust. So far this lady has refused to provide me with one. My father has signed this paper while he was hospitalize for cancer three weeks ago. Second part of the question is what is a Joint Mutual Living Trust. Thank you.
1 Answer from Attorneys
Re: Legality
I assume that a "Joint Mutual Living Trust" is a trust that both your father and his girlfriend both entered into. Living trusts are not self-executing. That is, the trust has to be funded by transfer of property into the trust. If no property was ever transferred into the trust then it may have little or no effect on your father's property. If it was funded by the transfer of property then it should be valid and property would pass according to the trust terms. If it was not funded during your father's life then his property should pass according to his Last Will or by intestate succession, if he had no will.
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