Legal Question in Wills and Trusts in Arizona
We were named sole beneficiaries of all bank accounts, house, the contents and car of a nieghbor/friend we took care of who just passed away. However, there is a POD named on her bank accounts who also happens to be executor of the will and also the deceased's niece. The deceased has named us as sole beneficiaries to supercede any other claims. What do I do if anything? This is in Arizona and the final will was handwritten and notarized in May of 2009. I have all the originals.
1 Answer from Attorneys
It sounds like you need to retain a lawyer to present your claims to the probate court. The POD on the bank records will supercede and not be affected by the 2009 Will. However, if the Will is not challeged or found to be valid and enforceable, then the niece is obligated to administer the estate according to the Will, and you should receive the assets, after the payment of bills, taxes, expenses and costs. You should go to an experienced attorney and get your position evaluated, and perhaps, you can reach a settlement with the niece, without spending a lot of money and time in court.
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