Legal Question in Wills and Trusts in Arizona
unrelated Executor of dads will signed as next of kin
my father passed away in the home of his deceased wife's nieces boyfriend. Her boyfriend is the executor of the will. Although there are 4 living children, none of us were notified of his death until after she (the niece)signed as next of kin on the form identifying the body, as well as paying for the cremation of his body. She also has a handwritten will that names her as sole beneficiary of his assets (more than $100,000). Should we contest the will? Did she commit fraud by signing as next of kin? Can she legally obtain the original death certificate?
1 Answer from Attorneys
Re: unrelated Executor of dads will signed as next of kin
If you think that the neice has financially exploited the decedent, then yes, you should contest the Will and bring the facts to the attention of the Probate Court. You need to have more than a guess about what took place, such as some proof that the decedent was incapable of making the Will. It does cost a substantial sum in legal fees to pursue this type of claim, but if you are successful, you can recover the fees and costs. You need sufficient proof or facts to show that your claim was brought reasonably, and not out of spite or abuse of the law to get something you were not entitled to receive.
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