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jwright

Junior Member
What is the name of your state (only U.S. law)? Arizona

My father in-law passed away and he did not have a will. My mother in law asked my fiancé (his biological son) to sign a Waiver of Bond through Probate court, and other documents.

Neither of us really knows anything about this. The only things of value he left behind are his home, motor coach, vehicles and smaller possessions. I know that his wife’s name is on the mortgage/house, but not on any vehicles or any other property. He owes money on all of those things. Which we don't want to see disappear, but aren't too concerned with. It's the smaller things, photos, and personal things that are of value to us. We were under the impression the wife automatically inherited everything.

We feel threatened that she is putting her daughter on all of the papers but wants him to sign off on everything. She isn't his adopted or natural born daughter, she is his step daughter. Her father is still alive and has always been there for her, and my father in-law never really considered her as more than a step daughter, because he never wanted to replace her birth father.

We've tried calling the superior court, and probate, but they are unable to provide us with any legal advice or referrals. I can’t find any help for low income families or pro bono info for my county.

Anyway were afraid that if he signs this, everything will disappear, or not be handed down. And if he doesn't sign then she might be angry and take him to court. Even though there is no way we can afford a lawyer right now.

Desperate for advise, were supposed to go to her house Sunday to handle everything and need to know if he should sign or refuse, or bargain that he will sign if first he gets the meaningful items that should remain within his family. We are a young family with a small child who has been devastated by the loss, and he loves his grandma too, so we are trying to avoid a conflict, but will do whatever is necessary, as she is the only one that has pictures and old family belongings. Any help is greatly appreciated, thank you so much.
 
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anteater

Senior Member
Legally, there isn't any "we" here. You aren't a party to this.

If your fiance is "afraid that if we [he] sign this, everything will disappear, or not be handed down..", then he should not sign and force the personal representative to post a bond. A bond is intended to protect the estate's interested parties - creditors, beneficiareis, etc - from malfeasance on the part of the personal representative.

If his father did not have a will, then AZ's intestate succession is:
If any part of an Arizona decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate, including both separate property and the one-half of community property that belongs to the decedent. However, the amount a surviving spouse is entitled to varies as follows:

If there is no surviving issue (i.e., children) or if all of decedent's surviving issue are also issue of the surviving spouse, the surviving spouse is entitled to the entire intestate estate.
If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows:

To the decedent's descendants by representation.....
 

jwright

Junior Member
Okay i changed my post

I'm used to putting we on everything, that's just how we refer to things. So I wanted to clarify that I know that I am not party to this. I am just the one seeking help. I can find evrything on the AZ State Legislature, I just don't understand all of the "Legal Terms".
 

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