Wills and Living Wills

questions & answers

Question: My neighbor is dying and wants to leave me his mobile home, truck any monies and personal items.  What do we do?

Answer: The following is provided for general information only. To find out how the law applies to a specific situation, please contact an attorney directly. Generally, an individual executes a will to designate how they would like to distribute their real and personal property at death. A person who is eighteen years of age or older and who is of sound mind may make a will  (ARS 14-2501). ARS 14-2502 provides that a will can be executed if it’s in writing, signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction, and signed by at least two people, each of whom signed within a reasonable time after that person witnessed either the signing of the will or the testator's acknowledgment of that signature or acknowledgment of the will. If the material provisions of the will are handwritten and signed by the testator, it may be considered a valid Holographic will pursuant to ARS 14-2503, even though it has not been witnessed.