Scottsdale, AZ asked in Estate Planning and Probate for Arizona

Q: When our parents were married our father had 2 kids with another women during the marriage.

both my parents are now decesed there was a will and trust neither are mentioned and now those sibling are contacting us. Do we let them know they are not included in will nor named in trustor just ignore? There really is no money just a little equity in the home once it sells. It does state in will if any sibling was left out they had no rights too

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Saint George, UT
  • Licensed in Arizona

A: This is not a family law question, just FYI. This should be asked in wills and probate to increase the chances of getting a better answer. The common sense answer is "don't be an a-hole, talk to your half siblings and explain things to them." The legal answer is, you should really sit down with an attorney and let them review the document and give you a more informed answer, BUT, having said that, they likely do not have a valid claim to the estate. That doesn't mean they cannot sue and if you do not communicate with them and let them know that there is not much in the estate, they could make your life difficult (and potentially cost you more in attorney's fees than the estate is worth). You should talk with your sibling(s) and have a discussion about the value of offering them SOMETHING in exchange for their waiver of any current or future claims. Again, consulting an attorney would be critical to ensure your rights are properly protected.

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