Fairport, NY asked in Estate Planning and Probate for Arizona

Q: My father passed away September 14. He owned property before he married his current wife. Rights of his children?

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?

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2 Lawyer Answers
Douglas Price
Douglas Price
Answered
  • Estate Planning Lawyer
  • Tempe, AZ
  • Licensed in Arizona

A: 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 particular the equity value after subtracting any mortgages, as this may change the probate procedure. Of course you should be represented by the attorney of your choice in a matter such as this. Your lawyer should be different from the wife's lawyer to avoid any conflict of interest. Justia has a good listing of lawyers in Arizona. You should pick the person that you are comfortable with and that has experience in the areas of wills and probate.

Ilene L McCauley agrees with this answer

Ilene L McCauley
Ilene L McCauley
Answered
  • Estate Planning Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: Mr. Price is absolutely correct. You need to see the Will immediately. You will also need to hire an attorney to represent your interests. Justia has many attorneys who will be able to help you. My best advice is to act quickly.

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