questions & answers

Question: I keep reading about terms of a trust are usually laid out or confirmed by what's in a Will? What if a Corporation does not produce a Will for 8 months after death of deceased and the Will states you only have the first 3 months to challenge anything?

Answer: With regard to the legal impact of a Will upon a Testamentary Trust, generally, a Will's language is not controlling; however, this issue cannot be addressed without more factual detail. Producing a Will, time limits and other aspects of this matter are controlled by the Arizona Probate Court for the county in which the decedent died. The probate proceeding begins when the “personal representative” is appointed by the Court, upon petition. A.R.S. 14-3401. Regarding time limits for Will contests, until the will is validated by the Probate court, the contents of the will, including provisions affecting contests, cannot begin to take effect. A.R.S. 14-3407.