Legal Question in Wills and Trusts in Arizona

My husband passed away this last Dec. He died from pancreatic cancer. He died just 3 mos after being diagnosed and he went down real fast. He never had a chance to draw up a will. I am his wife. Before he died he had some papers notarized stating he leaves everything he owns to me. Would this be cosidered a legal document?


Asked on 7/31/09, 6:50 pm

3 Answers from Attorneys

Joan Bundy Joan Bundy Law

Yes, it should be considered a legitimate document. Its exact legal effect I would not know without looking at it, however. I would be glad to do so or you may have another lawyer do so.

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Answered on 8/05/09, 7:10 pm
Gloria Meyer Meyer Law Office

A will requires two witnesses. However, even without the witnesses, the document might be considered a valid will if it is written in his handwriting and he signed and dated it. Even if the will is not considered valid, you as the surviving spouse will be entitled to inherit his estate. If he had children from another marriage they would share in the estate with you, but if all children are the children of both of you, then the entire estate will pass to you. Depending on how the assets are titled, you may need to open a probate case with the court to get the assets transferred to your name. You may contact me by email through my website at meyerlawaz.com if you have further questions.

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Answered on 8/05/09, 9:13 pm
Donald Scher Donald T. Scher & Associates, P.C.

The answer by Gloria Meyer is a correct analysis of the facts you provided. You should get the advice of counsel to sort out the exact answer and whether there is any item or anyone who will raise a dispute. Probate is not costsly and can be done informally in most cases.

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Answered on 8/05/09, 10:13 pm


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