Legal Question in Wills and Trusts in Arizona

Re: Info on Grandfathers will/trust

The will should be on file in the court in the county in which he died. If it hasn't been filed or if she is refusing to probate the will you can hire an attorney to open a probate for your grandfather's estate. You really need the help of an attorney.

Re: Info on Grandfathers will/trust

You need to search the court files in the county where your grandfather passed for any legal instruments like a will or trust, in which you may be a beneficary to. If there is no such record, and your grandfather's wife does not voluntarily assist you in this important legal matter, you DEFINITELY want to retain legal counsel ASAP to make contact with her and/or open probate proceedings on your behalf. Do NOT delay here! For prompt, affordable legal assistance here, contact us today for a free phone consultation.

Re: Info on Grandfathers will/trust

With all due respect to the attorneys in California and Texas, I will give a different response that will apply to

Arizona law, in that it appears the decedent died here, not in those other states.

The Arizona courts no longer file wills for people during their lifetime. If a probate is opened after death, the will will be filed in a probate court case under the name of the decedent. You can access the web site of the Clerk of the Superior Court of the county of your grandfather's residence to see if a court case has been filed, and can then file a Demand for Notice in that case, sending a copy to the personal representative or his or her attorney.

I am betting that there is no court case filed, and that the estate will be privately handled, since you indicate there was a trust. Most trustors who adopt a trust structure the assets so that there is no probate, and the estate is handled by the successor trustee, who may be his wife.

In that case, you can begin with a certified letter (with no melodramatic wording) matter-of-factly requesting a copy of the will and trust, since under Arizona law the custodian must provide it to family members and potential heirs. If she refuses, a court petition can force her, and she might be held to pay for your attorney fees in bringing the petition. I am going to bet that there is a trust, and that the wife is the sole beneficiary, and that she has received advice (lawyer or garage lawyer) that you have no rights since you are not a beneficiary. If she will not provide a copy of the trust and will, you could hire an attorney to demand it. But you will have a little bit of fees to do that.

Good luck,

James D. Jenkins