Legal Question in Wills and Trusts in Arizona
Trust Fund Issue
When my father passed away, he had an uncle that had a trust set up for him and his sister when he passed away a few years ago. Initially, my stepmother said that the monies would now be split between my sister and I. Now, she is saying that my father would have wanted those monies to go to her. Does she have that right since she was my dad's wife? Or, does it rightfully go to my father's children?
2 Answers from Attorneys
Re: Trust Fund Issue
The answer depends on the language in the trust that your uncle created. You need to get a copy of the trust.
Re: Trust Fund Issue
Property does not pass to those who some living relative decides, in her opinion, the decedent would have wanted. Absurd.
The property rights pass according to the law and the language of the relevant trust or will. Get copies and consult with an attorney. We offer free initial consultations.
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