Legal Question in Wills and Trusts in Arizona

My mother's cousin passed away in November 2008 according to my mother and trust deed documents I found on line my mother, 2 brothers and myself were left a specific bequest of cash. We have not been notified what are our rights to be notified? I live in AZ, the rest of my family lives in WA state. The deceased died in AZ and her husband is still residing in AZ, it is our understanding that there is a trust agreement. We do not know who the trustee is it is my understanding there was no will.


Asked on 1/09/10, 3:40 pm

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

Anyone who thinks they may have an interest in an estate (financial assets of a person after they die) may inquire with the Court of record (Arizona, in the county where she resided at her death). You may file a claim with that court. You also would have a right to know whether there was any bequest to you. Same goes for your other family members you think were included. They can raise their rights as well. There does not have to be a will. A trust is a similar type of document, often used to provide income to the person while they are still alive. Best of luck with your inquiry! Let me know if there is anything further I can do for you.

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Answered on 1/14/10, 4:18 pm
Gloria Meyer Meyer Law Office

A trust deed (deed of trust) is frequently used in the purchase of property and is not the same thing as a trustee's deed associated with transfer of property by a trustee of a revocable or irrevocable trust agreement which appoints a trustee to provide the grantors' care if the grantors become disabled and provides for the distribution of the grantors' assets after their death. You do have a right to know if your cousin left a bequest to you. You should ask your cousin's husband if there was a trust agreement and if so, ask him to allow you to see a copy. Frequently such trust agreements leave all assets to the surviving spouse and make alternate provisions in the event that the spouse predeceases. Because your cousin was an AZ resident at the time of her death, AZ law will control unless there is a trust which dictates otherwise. The information you have provided leaves many questions unanswered. If no one will give you satisfactory answers, you should consult with a lawyer.

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Answered on 1/18/10, 5:32 am


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