Legal Question in Wills and Trusts in Arizona

Release of Will:

Hi,

I currently have a will. I would like a release. I no longer want the attorney to handle this matter. I would like to receive a release from him. I can't find him in the State of Arizona. I would like information on how I can terminate my current will.

Thank You,

Mike


Asked on 12/21/04, 12:33 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Release of Will:

One destroys an unwanted will by burning, shredding, or otherwise completely destroying the will. No lawyer is involved. Remember that once the previous will is destroyed, the law will govern the distribution of property until a new will is made.

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Answered on 12/21/04, 1:02 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: Release of Will:

You do not need a "release" from the attorney who drafted your Will, you may simply revoke the Will by destroying the original or by executing a new Will that states that previous wills are revoked. The Court will probate the last Will executed by the decedent by the date, unless that Will is proven to be invalid. If the attorney kept the original of your Will, you can still revoke that Will. Your question posed sounds like you feel you have some continuing obligation to the attorney who prepared the Will. You do not have any such obligation and can fire your attorney at any time. If you can not contact the attorney, call the State Bar of Arizona and they will locate him for you.

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Answered on 12/21/04, 4:05 pm


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