Legal Question in Wills and Trusts in Arizona
My mother passed away 13 yrs ago, my father passed away before her. She remarried only by the church but not by the state of Arizona. Her companion (Husband as stated in her death certificate) was left everything she owned until his death and then would go to her children. We have a Will that states that. Her companion(husband we thought) remarried and was in the process of making another Will but never finished it before he died. Is the Will still good even if someone put void on the Will when it was presented to us four days later?
We were notified that his new wife is going to Probate and is asking for everything that belonged to my mother as well as her husband, we asked for our Mothers personel things but she refused. There is alot of property, but all we want are the things that were our Mothers and things in her name.
Is the first Will leagal or the Will that was never finished leagal?
1 Answer from Attorneys
A Will that was never finished, made or executed, is not valid and is of no force or effect. I don't know what you mean about a Will still good even if someone put void on it. A valid will could be revoked by the person who made the Will. It is a question of proof.
You should make a claim in the new probate and offer your mother's Will to show that her husband or companion only had a life estate in her property.
If someone is married by the church official, that would normally constitute a valid marriage and it is the responsibility of the cleric to file the marriage certificate with the county where the marriage took place.
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