Legal Question in Wills and Trusts in Arizona

I could not render an opinion without seeing the Will and learning more about the facts of the case, and the circumstances surrounding the making of the Will. You may have a case to dispute the validity of the Will and if there is no previous valid Will, then the assets of the estate will be divided according to state law.

Normally, accounts having a pay on death beneficiary named will pass directly to the named beneficiary, and are not subject to distribution in probate You should certainly have an attorney review the will and the circumstances under which it was signed to determine whether the will is valid or not. Was your mother mentally competent when she signed the will? When she named your brother as pay on death beneficiary for the financial accounts? If there is a valid question about her mental capacity or if your brother exercised undue influence over her, you may have grounds to have the gifts to your brother set aside.