Legal Question in Wills and Trusts in Arizona

Re: will or trust

If there is no will, then you are entitled to something now. How much depends on whether your father's property was community property or separate property.

If there is a will or a trust, then you'd have to see what those documents say.

Re: will or trust

It is common for a spouse to provide that his/her estate be held in trust for the benefit of the surviving spouse, and upon their death, whatever remains goes to the heirs. This can be done by Will with a trust created under the Will, or by creating a trust, with the surviving spouse as the primary beneficiary and the heirs as beneficiaries of whatever remains at that later date. Your father could have set things up this way, and without seeing the documents, there is no way to tell if you are entitled to anything at this date. Often times, the decedent will have provided for some gift to be made upon his death, but it is not required.

You should retain counsel and find out just what was set up by your father and then you will be able to monitor the setup and make sure that you get what you are entitled to receive, when the time is right.