Legal Question in Wills and Trusts in Arizona

My step father died five years ago. Under his will it states my mom as a beneficiary and my sister and I as a secondary. She divorced him before his death. The will we have is a copy with 3 witness signatures. At the time of his death a will was never brought foward. My question: is this will still valid even if it is a copy and due to the divorce this would then make my sister and I the beneficiaries?


Asked on 11/15/10, 5:28 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

You should consult with an attorney to answer your questions. You have not stated if there was a probate case opened after the death, nor have you mentioned what his estate consisted of at his death. You would have to prove that the copy was a true and correct copy of his Will and then it could be probated, if there was no previous case. You would first want to know if there was anything/any assets to probate. Since your mother divorced him before he died, it may very well be that he made a new will and that you were not notified. No notice to you is required since you are not his children.

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Answered on 11/20/10, 7:36 pm


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