Legal Question in Wills and Trusts in Arizona

Access to a copy of the trust or will of a deceased family member

How do I get a copy of the will or trust my grandmother left when she passed away. An Aunt is the executor, but we never recieved a copy of the will or trust, however I am certain my grandmother left a part of her estate to her grandchildren. We want to get a copy of the will or trust without the Aunt's knowledge because this may do further harm to our relationship with her. What can we do?


Asked on 5/06/08, 4:45 pm

4 Answers from Attorneys

James Chau Law Offices James Chau

Re: Access to a copy of the trust or will of a deceased family member

You may receive a copy of the trust if you are a beneficiary of the trust. You request one from the executor or trustee of the estate.

Law Offices of James Chau

181 Devine St.

San Jose, CA. 95110

http://www.JamesChauLaw.com

http://sanjosefamilylawyer.blogspot.com/

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Answered on 5/06/08, 7:24 pm
Frankie Woo Fiducia Legal

Re: Access to a copy of the trust or will of a deceased family member

Is your mother still alive? If so, have her request a copy from your Aunt. As for getting a copy of the will or trust without her knowledge, perhaps talk to your grandmother's friends and ask them if they know what attorney helped her execute her estate plan. If you get lucky and find that attorney, there is a chance that attorney might send you that document for a small fee.

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Answered on 5/07/08, 12:36 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Access to a copy of the trust or will of a deceased family member

You can't do it without her knowledge accept as to a will that was or is being probated, in which case a copy will be in the probate file. However, even this copy may not be the real or final will.

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Answered on 5/08/08, 9:24 am
James Jenkins Jenkins Law Center PLC

Re: Access to a copy of the trust or will of a deceased family member

If the decedent was a resident of Arizona at the time of death, then Arizona law and not California law applies.

Make a written request of the custodian of the estate papers for a copy. Keep a copy of your request. Arizona law requires the custodian of the will or trust to provide copies to beneficiaries. Sometimes you have to get an estate attorney to protect your rights because some people will not follow the law.

Good luck.

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Answered on 5/07/08, 2:21 pm


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