Asked in Estate Planning for Arizona

Q: Can a death bed request change a will.?

My husbands dad died in June, his half brother received everything. Got the property and kicked us off the it, and were living. There.

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1 Lawyer Answer
Michael Gerity
Michael Gerity
Answered
  • Estate Planning Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Hello. The answer to your question necessarily depends upon a lot of facts that you don't provide. So, all I can provide you are the general legal requirements for a legally binding will in Arizona. First, the person making (the "testator") the will must be 18 years old or older and of sound mind. That latter requirement is often the source of a lot of disputes. A will must be in writing, and generally must be signed by the testator and two witnesses (who must also be mentally competent). There are a lot of legal details to those requirements, such as actually seeing the others sign, but there are detailed exceptions. There's another exception for handwritten ("holographic") wills, which must be in the handwriting of the testator.

It's very difficult to get any more detailed than that without discussion of all of the facts relating to this will.

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