questions & answers

Question: 86 y/o widow had a will and trust set up as a single woman 3 years ago. Last year the man she lives with had a will drawn up stating that he is married to the widow. Her will & trust have not been updated and no one in the family has seen any legal document that shows they are married. She has stock, a house & and money...he has very little. She is being treated for dementia but family does not know if she is truly competent to have married this man. If she dies will her will & trust be valid as is or not? Can he contest her will and claim community property?

Answer: Marriage certificates are held in the Arizona Superior Court in the county where the marriage took place.  You can do a search through the public library's public documents' service or you can hire one of the internet advertised services to locate the record for you.  You will need to discover if the marriage exists before looking further.  One part of your question was unclear -- whose new will was drawn up after the supposed marriage?  Have you seen a copy of this new Will?  Once you have searched for the marriage certificate, your best bet is to speak with a lawyer who practices in the area of Wills and Trusts.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are financially qualified for the program, for a $75 fee, Modest Means provides a one hour consult with an experienced attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625. If you do  not have sufficient money to pay for a reduced fee consult, you can go elsewhere on this website and apply to see if you qualify for a free lawyer.  Go to http://www.azlawhelp.org/accesstojustice.cfm