Legal Question in Wills and Trusts in Arizona
probate stepmother or me ?
my father passed away and left my stepmother executor of his will, the belonging in the house and some stocks and bonds were left to her. the main house and a rental has been left to my sister and myself. my stepmother has packed up the house and left town and dosen't want to be executor. she want me to take the responsibility.the will was taken to the lawyer after my fathers death by my stepmother how can we be sure that this is even a legal will? my father told me that the lawyer already had the will and i was to be executor a couple years ago.
2 Answers from Attorneys
Probate the latest valid will
An attorney (and another, for a second opinion), can tell you which is the latest valid will--there will probably not be a charge for this visit. You should get the original wills from the attorney who has them now. He/she may refuse to give them to you, in which case the attorney should file the wills with the probate court.
When you check with the attorney(s), they can let you know what the next step is--it's probably filing for probate of the assets, and if you have an interest in the estate, you can get the probate moving. Also, before you see the attorney, make a list of your father's assets and who holds the title, as some types of asset are transferred outside of probate.
Will and Stepmother
You should contact the lawyer who has the will. If you don't know who he is you can put an ad in the local legal daily reporter or contact an attorney to make a survey of attorneys who might be holding the will. The last will is the one that gets probated.
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