Legal Question in Wills and Trusts in Arizona

To whom it may concern:

My father passed away in December 2009, at 49 years old, due to complications from lung cancer. Unknown to me at the time, his father wrote up a will and had him sign it the morning that they took him off life support. In this will it leaves me, a 19-year-old student, a house with ~$170,000.00 debt on it.

I found out today that they (my grandfather) transferred the deed to the house into my name without ever notifying me of it. Is it legal to sign something over to someone without their knowledge? And, more importantly, how do I go about contesting this will that I believe to be contrived and illegitimate?

Thank you for your time,

Erin B. Smith

Asked on 6/07/10, 3:36 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.
0 users found helpful
0 attorneys agreed

You can refuse to accept a gift if you choose to do so. Yes, it is legal to make a gift to someone without their knowledge, however, you can refuse to accept the gift. You can contest the will by opening a probate case in the superior court in the county where your father resided. Go to the self service center, if you want to do it without legal counsel, and you will find instructions and forms to use. I advise you to consult with experienced legal counsel before you decide what to do about everything in this case.

Read more
6/07/10, 7:18 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Arizona

Looking for something else?

Get Free Legal Advice

8787 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now