What you describe does not sound like a holographic will, which is a will entirely in the handwriting of the person making it and signed by that person (even if not witnessed or notarized). So I believe that the short answer to your question is that the testator died without a will. As such,...Read more »
You don't have to sign anything until you have had the chance to review it with counsel. There are many fine probate lawyers in Arizona and the cost of a consultation will cost you very little and could save you thousands (or tens of thousands). Many of us will do virtual consultations after...Read more »
I am interested in writing a will, but I need two witnesses to this will. My brother, who will be receiving nothing from the will, will be one of the witnesses. Since I have no other witness, I was thinking about using a notary public from a bank to be my second witness. I have an account at a... Read more »
To sign a self-proving will in Arizona (which is the kind you want to have) you need 2 witnesses and a notary and everybody must be present with you when you sign. If I understand what you are proposing, you will be one witness short. In addition, your brother, if he is a beneficiary under the...Read more »
The answer to your question depends on a number of factors including how the title to the home was written and whether your parents had wills or a trust and what those documents stated. We would be glad to assist if you can provide our office with more information. As a child of your parents you...Read more »
The intent was for them to regain strength and return to a senior facility in Wyoming. If they die here are they subject to Arizona laws such a probate for estate? The Will was created in Wyoming with only money as assets.
This is a very good question as it involves "What is the resident state?" of your parent. Assuming that the intent is for him to reside here until he passes, he may be considered a resident of Arizona. Whe he passes we will recognize his valid Wyoming will and the will can be probated...Read more »
The original Will allowed his wife to remain in the home until her death and then property would be transferred to us. 2 weeks before he died he changed the Will and left everything to her. We believe coercion was involved? What are our rights? How do we find out who his attorney is?
The first thing to do is to see the original will. If the wife has it she will need to submit it to probate court and the Clerk will then have the original. You have a right to see it and to question it, especially under the circumstances. One question I have is the value of the house, in...Read more »
Without seeing the trust, this is a difficult question to answer because there may be some provision for a distribution prior to the husband's death. If there is no such provision, then it is likely that the terms of the trust control, so that no distribution is possible prior to his death....Read more »
My sister is not cooperating with me at all. She claims all papers including his Will, and Death Certificates were destroyed in a mysterious house fire last year. My dad left some property and money behind and I believe my sister has been lying about everything.
Since your Dad was a New Jersey resident you need a New Jersey lawyer to assist. Perhaps the lawyer could start with a letter to your sister. I recommend one of my law school classmates who is licensed in New Jersey, Micahel D. Carroll. Give him a call or send an email:...Read more »
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