Legal Question in Wills and Trusts in Arizona
Property left in father's will
My stepmother skipped out without leaving a forwarding address, sending me a copy of the will, or giving me the name of my father's lawyer. She did say that she wasn't going to probate my dad's will, that she didn't want to have anything to do with it since nothing of substance was left to her. All I know about the will is what she told me which is: I supposedly am to inherit a rental property in Yuma, Arizona and some of my dad's personal effects. My brother thinks we should search for dad's assets through his social security number. Is this possible? How can I locate my dad's lawyer or any accounts or policies he may have had? What do I have to do to find out what and where the property is in Arizona and how do I handle changing it into my name? According to my stepmother and my brother who has heard about it, it's a rental property that has a mortguage on it and that means rent payments, mortguage payments, taxes and maintenance! Every month that goes by I could be defaulting on the mortguage!
1 Answer from Attorneys
Stepmother skipped out with the will
Wow! What a mess! However, almost all messes can be cleaned up eventually. The Bar Association in the area where your father lived may be able to help find your father's lawyer. And you should be able to find your father's real estate by checking the courthouse records in any county where you think he might have had property. You probably will need to start an intestate (i.e., no will can be found) proceeding in the county where he lived at the time of his death. And they will have to send paperwork to other counties/states where he owned real estate. Unless you have a lot of time on your hands, I don't see how you are going to be able to do all of this without hiring an estate attorney near where your father lived at his death. And you will not be happy to learn that, if you were in my state (NC), the stepmother will be entitled to share in the estate unless she follows certain procedures to disclaim it! So she may actually get MORE from the estate than she would if the will could be found! So it's a kind of catch-22, I'm afraid. Talk with a good estate lawyer in the area where your father lived at his death. It ain't going to be easy!