Legal Question in Wills and Trusts in Arizona
Will and Revocable Living Trust
My husband's grandmother has both a will and a revocable living trust, both are dated the same date. We believe that the Trustee is not following the instructions set forth in the Will, but are not sure if it will be probated due to the Trust. From what I have read, the trustee is supposed to provide copies to all beneficiaries, of what is in the will and how she plans to distribute, and then they have a certain amount of time to object. If this is not being done, how do we correct this so the wishes of the deceased are followed according the will? We would also like to have copies of the will, because what we do have states that both siblings are to distribute the estate equally after endowments are paid out. As beneficiaries are we entitled to copies of the will and all documents pertaining to it? There is also a section stating that if anyone contest the Will they will receive one dollar in lieu of any provision made previously in the will. Would we be contesting, or merely saying that we want her wishes followed as stated in the Will?
2 Answers from Attorneys
Re: Will and Revocable Living Trust
Send the Trustee a written demand for a copy of the trust or for at least a copy of the parts of the trust that pertain to your husband. See Arizona Revised Statutes � 14-7303
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp
If that doesn't work, then you will have to resort to the courts. In that case, see an attorney.
Re: Will and Revocable Living Trust
I think you are somewhat confused about the part the will and trust play in the estate. With a trust, usually the will is a "pourover" will, which leaves the trust as the beneficiary of the will. The will governs all assets outside the trust which do not pass by automatic succession (joint tenancy, POD, etc.). The trustee must follow the terms of the trust. The personal representative must follow the terms of the will. If you are beneficiaries of the estate you have a right to a copy of the will and the trust. Make a written request for both. It is premature to decide what the rights and entitlements are until you have those documents. See an estate attorney if you feel you need your rights protected, or to examine the documents once you receive them.
Best regards,
James D. Jenkins
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