Family Law

questions & answers

Question: My father passed away, I'm named the executor of his estate. I currently do not have a will in place for myself. Should I get a will prior to the estate being finalized? In the event that I die before my fathers estate is settled, could I leave what would be my share to another family member?

Answer: Whether or not you need a will depends on your own personal circumstances.  If you just need something simple, you have the right under Arizona law to draft a holographic will.  Arizona Revised Statutes, Section 14-2502.  Under the statute, a holographic will is one in your handwriting and signed by you.  It is always best to have your will witnessed if possible.  Arizona Revised Statutes, Section 14-2504 contains a sample of a simple, self-proved will.  "Self-proved" means that the will will be valid if you have it witnessed and notarized.  You can access the Arizona statutes on the legislatures' website:  azleg.gov.  Look under the category "legislative council" and you will find the Arizona Statutes.  If you need a complex will, you should probably consult a lawyer who handles probate law.

QUESTIONS

  • My father passed away, I'm named the executor of his estate. I currently do not have a will in place for myself. Should I get a will prior to the estate being finalized? In the event that I die before my fathers estate is settled, could I leave what would be my share to another family member?

STORIES

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  • He told me that I could actually get all the money I needed by using my home as collateral. . .

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