My grandmother recently passed away - ?s about her will?

My father also just passed 5 months before her - their are a lot of things being said about her will. I want to know if my father was to inherit something from estate could I then get it as his next of kin? And is there something called a "Book of Trust"as well as how long and how will I be notified if in will - live in Arizona. Thanks

As an initial point, you need to talk to an attorney in the state where your grandmother lived just before her death. It is that state's law which will govern her will and estate. The laws of the state in which you reside will not apply (unless they happen to be the same state).

The following are some general principles of wills which apply in most states, but may not necessarily apply in that state.

If your father was mentioned in her will, most states have laws on whether such a bequest will lapse if he died before your grandmother. In many states, if your father had descendants (i.e. you, your siblings, and the kids of any siblings who died) the bequest will not lapse but will be split among your father's heirs (i.e. descendants).

It is possible that in addition to the will (or as part of the will) your grandmother might have established a trust. A trust is a particular way of managing property in which one person acts as the manager over the property but is required to distribute the income according to the terms of the trust. The trust document establishes the rules for managing the property and who gets the income from the property.

Most states require some effort to notify all heirs that the will has been admitted to probate. If you know who is the executor, you should make sure that they have your current address for sending you the appropriate documents. What documents they have to send you will be based on the law of your grandmother's state.

The bottom line is that, while there are some uniform principles governing estates and wills that all states follows, there are some very precise and technical rules that are specific to each state. If you have questions about your rights, you really need to talk to an attorney licensed to practice law in your grandmother's state.

I also live in Arizona and you will be notified if you are in the will. I believe you're entitled, as his child to get what she was leaving to him but it would be divided equally between you and any other siblings you have. Don't know about the rest of it. Do you know who the Executor of the will is? It would be someone that your Grandmother would have appointed, typically someone in the family, like one of her children.

~Why would you possibly ask such a question on this site? Do you actually think you are going to get sound legal advice? You won't even get what you pay for here. See a lawyer.

As to your rights under the Will, it depends entirely on what the Will says. If you're mentioned or stand in line through intestacy laws, you'll be notified. In the meantime, if the will has been offered for probate, you can get a copy from the court.

No, you don't become entitled to anything just because your father kicked off (unless your grandmother made it so).

I'd pass along my condolences, but it is obvious that your concerns are purely pecuniary so why bother.


Edit: See what I mean? Was the bequest (if any) to your father "per stirpes" or "share and share alike"? That makes all the difference in the world.

yes you should...depends you need to figure out who her lawyer was and get a copy of that will..are you underage? if you are that really comes into play when a parent is deceased and their parent dies....my husbands grandmother passed in 94 his mother had passed in 81 while he was still a kid..his uncle in 72..he left two kids..when the grandmother passed...there were four kids..two passed two alive..everything was split into fours...the two living kids got their part..the kids that had passed..each had two..their part was split between their kids..so my husband ended up with a half of a quarter of the estate..because his mother had passed and thats the way it was...when his father died in 03 his sister and he split everything..even though he had remarried in 1999...he left it all to the two kids...

Seems like a fair question, but the truth is that it is a legal matter, so look in your phone book for a referral service for legal advice and call. Ask if there is a lawyer willing to talk to you over the phone for example about this matter "Pro Bono", or without charge. (Hope I spelled that correctly)