Legal Question in Wills and Trusts in California

I am sorry for your loss.

Assuming Arizona law is the same as that in California, promises made by the person while alive are irrelevant. For any personal or real property to pass to someone, that person must be named in the Will or a Trust to receive that particular item.

You should try to video tape the coin collection so that you know what exactly is involved in case anything is removed. Come up with some sound reason for wanting to do so. Probably tell the caretaker in a nice, sympathetic way that the law sometimes does not care for the emotions of the people involved [point out the number of children who lose the entire estate when their parents divorce, the father remarries and, without a Will or Trust, per-deceases his new wife--when she dies everything goes to her children whether he adopted them or not]. Offer to give him some coins and/or buy them from him, so that they will co-operate. If that does not work, then you need someone to research the Arizona laws and write her a strong letter insisting on getting your rightful inheritance. if that does not work, you will have to probate the estate and leave it up to the administrator to recovery the coin collection and then distribute the assets to your father's wife or children. You could try to be the administrator but a judge probably would have some dis-inclination because you are out of state.

If you need any further help you can contact me by e-mail at [email protected] or phone 510-441-2684.

Personal property is generally probated in the State where the decedent lived at the time of death. This would appear to be Arizona. If that is indeed the case, then I suggest you repost in the category for Arizona lawyers to answer.