Legal Question in Wills and Trusts in Arizona
Stolen Will, what can I do???
My husband's will was stolen by his father while he was in a coma. I do have proof.Husband was USMC, transferred to CA,I stayed in AZ, father fron IL, IL husbands home of record. I allowed his estate to be probated intestate.The problems arose when trying to get his SGLI ins. released to our 3 yr old. I was appointed conservator, but the courts are an ever present,ominious,expensive force in my life. The will named me as custodian to transfer SGLI under UTMA. Now five years later I can't stand to see another dime of my daughter's money going to legal,administration, and bond fees while we live just above poverty.
Is there anything I can do to get the will back? Father still has it, confirmed by brother in law. Or is there another way I can get this transferred into a UTMA trust? I have two lawyers,but have already paid $6,000+ on one accounting this year.How can I make it so only my daughter is benefitted by the use of the funds?
1 Answer from Attorneys
Re: Stolen Will, what can I do???
You can go after the will by reopening the probate. Probably should get your brother in law on record regarding the existence of the will. That way, if your father-in-law refuses to come clean, your brother-in-law will have a much harder time covering for him, which you know he will want to do. If you're successful, it seems you would have a good damages claim against your father-in-law, if that interests you.
Do you know what the will says?
Another option is to learn how to do the annual accountings yourself. Its time consuming, but not that difficult.
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