Wills

questions & answers

Question: can an estate executor change the beneficiary of a will?

Answer: No.  Wills are created by statute and are the result of hundreds of years of historical legal principles.  A  Will is intended to reflect the testator's will or intent.  If the testator was over the age of 18 and in sound mind at the time the Will was signed, Arizona law considers the Will valid.  Arizona Revised Statutes, Section 14-2502.  If someone believes the testator was not in sound mind or was under undue influence, that individual can always file suit to contest the Will and prevent probate.  The executor (called a personal representative (PR)) in Arizona has specific duties and responsibilities under the statutes.  14-3711 and 14-3712 require the personal representative to act in the place of the testator.  The PR also has duties to the heirs.  If you have additional questions, you should consult a lawyer.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.