Losing Spouse/Parent

Questions & Answers

Question: My father is on his death bed in bullhead city. All past wills have included #1 I want to be buried in the nearest VA cemetary. His current wife of 3 years has paid for a cremation. She has a new will and will not produce it to any of 3 children. She has power of atty. We also believe she requested he be taken off cardiac meds when going into hospice, and believe this was negligent?? When does she need to produce a will?? Please help

Answer:

Generally, a will does not become "public record" until a will is probated with the court (after the death of the individual).  However, you as an heir, may have notice rights about the administration of your father's estate after the death of your father.  You should carefully review the following statutes about notice:

ARS § 14-3204. Demand for notice of order or filing concerning decedent's estate

ARS § 14-3306 Informal probate; notice requirements

ARS § 14-3403 Formal testacy proceeding; notice of hearing on petition

If you have concerns about your father's safety and well being, contact an attorney right away.

May 03, 2008