View Full Version : Legal Question...Just wondering.

01-18-2004, 07:05 PM
Background: My father passed away June 3rd of 2002 and had a will at the time of death.

Question: Is there a law in place that says that if a will is in effect, it must be read? The reason I ask is that when my father passed away, His will was never read and my mother says that it doesn't matter anyway, because he left everything to her. I find this hard to believe, as my father collected coins and was very open about the fact that every time he bought a set of coins, he actually bought 5 sets (one for each of his children).

I'm not greedy or anything, but my mother has been spending money like crazy and refuses to talk about the will. She's bought two new cars in the short time since my father passed. I don't have anything to remember him by except my memories and would just like to have something tangible.


01-19-2004, 11:28 AM
First of all, I am not a legal professional.

The answer to this really depends on a lot of factors. Were your parents residents of AZ, or some other state? Every state's laws are different. Basically AZ has community property laws that pass property that was acquired during the marriage to the surviving mate, if no will was present. Since your father did have a will, the destination of his property should have been determined during the probate process, when the will is read. In AZ if the assets are below a certain level, probate is not required. You might consider consulting an attorney for more detailed information.


01-19-2004, 12:02 PM
That's just it...His will was never read.

02-05-2004, 11:52 AM
Sorry to hear abut your father. My dad died in March of 2003 so I have pretty good idea of what you are going through. Fortunately for my brother and I my mother has been very open with us about everything regarding his passing.

I have found this link to be very helpful.


02-06-2004, 09:53 PM
I'm not a lawer but I lent one my engine hoist. To the best of my knowlege, because AZ is a community property state, he can only will his interest (50% in most cases). If you think your mother is exceeding this limit and, after that after she spent countless years of pain, selfless giving and un recoverable effort raising you to be the fine specimen of carbon, hydrogen,oxygen,phosphorus,potassium, Iodine,sodium,sulfur,calcium,and iron, you feel you have a greater moral ethical right to his properties than she does, go get a lawer (who will probably end up with about 60% of it all)
My father died January 9 7:32 am 2003. my 3 brothers and I are working together (with seperate jobs and families and abilities as much as possible) to sustain the 3.8million dollar dream lodge he designed, build, and made work in Alaska.
Although most of the big stuff has been devided, we still try to add our help to the best of our abilities. When my mother askes about distribution, I say (and feel) it is their money/stuff. When my mother's sprinkler or pool goes bezerk and I spend a lot of my time/money fixing it, I figure it is payback (for a debt I will never be able to pay with mere money)

If it were me, (as long she is not loosing her abilty to care for herself / make decisions), it is her money. The will is a gift. You may have to live with the memory of his intentions (more valuable than any object ). I would give up everything for one more day with my dad.

2 rules:
1. dont worry about the little things
2. everything is little

02-07-2004, 12:24 AM
You know what...You're right...Absolutely right.

Thanks for helping me open my friggin' eyes on this one.