do we have a claim?

[moosessons]

What is the name of your state (only U.S. law)? New Hampshire

Our father passed away in Arizona, where he had been living, on Oct 31 of this year. Approx. 3 to 4 years before his death, he inherited a large sum of money. His wife of nearly 40 years, not our mother, claims there was no money but we know better. She made it difficult to have contact with him while he summered here in NH and more so when they were in AZ. She actually did not want us to know that he had passed away but the news leaked out in this small town. We believe that if he had a current will, it may have been prepared and signed under her control, not of his own free will. Do we have any claim to what was left to him by a blood relative of his and ours, not hers? Do we need a copy of his will? Do we need to get a copy of the will that left the inheritance to him? (It was his cousin who apparently had no other heirs.) Do we need to hire an attorney here as well as in AZ? Can we hire someone who will work for a percentage of any money we receive since we feel she is not worthy of us spending money. Thank you. Any help will be appreciated as soon as possible since we need to get to work on this before she can change anything.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[anteater]

The probate action, if there is one, would take place in AZ. You could retain an attorney in NH to write a letter or two to stepmom, hoping that it will shake loose some information. But, if there exists some cause of action, you will need an AZ attorney.

You are very unlikely to find an attorney that will work on a contingency basis.

You have no particular claim to assets that your father inherited simply because they originated somewhere in your family tree. Once he received them, they are his and would be disposed of in accordance with whatever estate planning arrangements he made.

You need to be aware that many spouses hold their assets jointly with right of survivorship or name each other as designated beneficiaries. Such assets do not pass by way of probate, and, therefore, a will, if there is one, does not affect who inherits such assets.

You also need to know that will contests, if it comes to that, are generally expensive to undertake and, statistically, difficult to win.