Legal Question in Wills and Trusts in Arizona

Stepmom refuses to show shoe choldren will

My father passed away last month and his wife who is not my mother refuses to show any of his children the will. She has not filed the will, I do not know who the represenitive or lawyer is and she will not tell me.


Asked on 7/27/06, 6:03 pm

2 Answers from Attorneys

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

Re: Stepmom refuses to show shoe choldren will

You can petition the court for appointment as personal representative of the estate and state that you believe that there is a valid will or that your father died intestate. The stepmother will then have to respond to your petition and the court will supervise the administration of the estate.

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Answered on 7/28/06, 12:20 am
James Jenkins Jenkins Law Center PLC

Re: Stepmom refuses to show shoe choldren will

Yes, you can petition the court as the previous response states. You can also know that the children are entitled by state law to receive a copy from the custodian of the will. A letter from a lawyer usually draws out the will from the hoarder.

One Problem: many married couples put assets in joint tenancy, or make the spouse the beneficiary, so that property passes automatically, not under the will. That is likely to have happened here.

Good luck.

James D. Jenkins

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Answered on 7/31/06, 11:56 am


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