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old will or new will?

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terry4390

Junior Member
What is the name of your state?What is the name of your state? Arizona

Mom had a will drawn up about 25 years ago in California. She named my sister and I as her beneficiaries as Dad had already passed away. She moved to Arizona 3 years ago. About 23 years ago she let a man move in with her. They never got married and common law is not recognized in California nor Arizona. My sister and I did not live close to them until they moved to Arizona.
He has never worked since they have been together, Mom has paid all bills and living expences and now he is living off her social security and he is saving most his minimum social security. They are in their 70's. He does not like any of her family. He will not leave us alone with her at all except to leave the room when we go visit her as he won't talk to us. Mom asked us recently if we could somehow get another will drawn up for her since she has new property and some of the old stuff is gone and she does not want him to know about it as it will cause a big fight in her home. She says she only wants to leave him the car. She wants her children and grandchildren to have her estate. My questions are, is her old California will still valid in Arizona? If not and we use a will writing program and can somehow get the proper witnessing and notarization without him knowing, is that considered a valid legal document in Arizona? Does he have any legal rights to her estate?

Thank you
 


BelizeBreeze

Senior Member
terry4390 said:
My questions are, is her old California will still valid in Arizona?
Of course it is.
If not and we use a will writing program and can somehow get the proper witnessing and notarization without him knowing, is that considered a valid legal document in Arizona? Does he have any legal rights to her estate?
Thank you
That would depend entirely on how the propery in Arizona is held and what, if any, marital property is held between the two of them.
 

BelizeBreeze

Senior Member
terry4390 said:
Thank you. She has not put his name on any of her property or belongings.
That, in and of itself, is not going to be enough to judge what is and isn't marital property.

I suggest strongly having a probate attorney look over the will and the circumstances of any property.
 

I AM ALWAYS LIABLE

Senior Member
terry4390 said:
What is the name of your state?What is the name of your state? Arizona

Mom had a will drawn up about 25 years ago in California. She named my sister and I as her beneficiaries as Dad had already passed away. She moved to Arizona 3 years ago. About 23 years ago she let a man move in with her. They never got married and common law is not recognized in California nor Arizona. My sister and I did not live close to them until they moved to Arizona.
He has never worked since they have been together, Mom has paid all bills and living expences and now he is living off her social security and he is saving most his minimum social security. They are in their 70's. He does not like any of her family. He will not leave us alone with her at all except to leave the room when we go visit her as he won't talk to us. Mom asked us recently if we could somehow get another will drawn up for her since she has new property and some of the old stuff is gone and she does not want him to know about it as it will cause a big fight in her home. She says she only wants to leave him the car. She wants her children and grandchildren to have her estate. My questions are, is her old California will still valid in Arizona? If not and we use a will writing program and can somehow get the proper witnessing and notarization without him knowing, is that considered a valid legal document in Arizona? Does he have any legal rights to her estate?

Thank you

My response:

Her California Will is valid until either she dies, or she withdraws it in writing; e.g., writes a subsequent Will or Codicil.

He may have "contractual" rights to her Estate; e.g., if he can prove that she promised to take care of him for the rest of his life. It sounds like he can make a strong argument in that direction - - especially when you say, "Mom has paid all bills and living expences".

IAAL
 

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