Legal Question in Wills and Trusts in Arizona
RE Wills
My mom passed away last month.
I asked my sis about her will
she told me that she would have to talk to her attorney.
A couple days later she told me that mom will is that of a moral one not a legal one meaning she did not have a will. This does not make sense to me I think she really doesnt have a will and she keeps putting it off. I want to know if I ask her for her attorney's name does she need to give it to me???? She says things are being taken care of I think She is lying.
I have the old trust which was void so I think she wants everything for herself. Can she do this to me again???? Do I have any rights??? The supposedly attorney told her it was up to her and to do what is morally right. My sis has no morals. Also, if I tell her my attorney would like to speak to her attorney does need to give me that info.
1 Answer from Attorneys
Re: RE Wills
This situation comes up so often, and it's too bad that relatives want to jerk others around, but inheritance often brings out greed and avarice. I am sorry your sister is doing this.
Everyone has an estate plan. Everyone. If you do not have a will or trust, the state substitutes its own estate plan for you, under the laws of intestacy if you die. If your mother died in Arizona, and had no will, her property will likely pass to her children in equal shares. Consult with an estate attorney immediately before your sister does something that is not reversible. The custodian of a will, if one exists, is required by law to produce it to the other beneficiaries and children.
There is no such thing as a "moral" will. Wills must be written, signed by the testatrix and witnessed by two witnesses, unless all in the handwriting of the testatrix. There is no such thing as an "oral" will. That has been disallowed under the law for at least 400 years or more.
See an estate attorney.
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