Legal Question in Wills and Trusts in Arizona

If I dont have the name of the Attorney that handled my dads affairs how do I get a copy of his will? My sister(the Executor) says she doesnt have to show me anything..I want my own copy..do I have that right as a beneficiary? How do I get a copy? I have asked her for a copy and she replied "I dont have to show you anything".I am a beneficiary as are my 2 children.


Asked on 8/25/10, 8:09 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Wills are private until submitted to the probate court for administration. When your sister applies for appointment as executrix/Personal Representative of the Estate, then she must submit the Will for administration as well, and you would get a copy along with notice of that filing. If she has not done so, and a reasonable amount of time has passed since your Dad passed away, you could open a probate case and ask to be appointed Personal Representative of the estate, and then your sister would be forced to come forward with the Will and challenge you for appointment as PR. Another reason for you to retain an attorney now, is that when she finds out that you are represented by counsel, she will know that everything she does will be scrutinized by the probate court, and most likely, will treat you differently than she has to date.

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Answered on 8/30/10, 8:26 am


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