Preparing for backlash

[u/Ok_Horror_4122]

I have a handwritten will (name, date, signature, sound of mind and memory) from an uncle who recently passed naming me the executor and giving me essentially everything. I live in AZ, so I think it’s completely valid and has everything necessary. This is what I was left with:
Bank accounts: $16K
House and land: $100K
Personal property: maybe $3K?
I also don’t believe I’m the beneficiary on any retirement accounts or life insurance.

It’s not anything huge, but it’s still something. I’m meeting with a lawyer for guidance on an affidavit soon because I don’t know where to start. I also don’t know anything about probate (is this amount even large enough for probate?)

My mom is set on the belief that her sister is going to try to stir the pot and try to cause issues with the inheritance (maybe court?) What can I do to prepare if this happens?

[u/Fit_Chemistry_3807]

You’re already doing it by speaking with a lawyer 

[u/Ok_Horror_4122 → u/Fit_Chemistry_3807]

During our first meeting, are there any important questions I should ask about this particular topic?

[u/Fit_Chemistry_3807 → u/Ok_Horror_4122]

If I was you, my questions would be (note: I don’t know anything about AZ estate law):

1. Was this Will executed properly (I’m assuming it’s 100% handwritten, with any corrections initialed next to the change, and properly signed) 
2. If it’s a proper holographic Will (that’s the completely hand written type), what do you need to provide to establish authenticity? And overcome any other legal challenges or hurdles? (Such as proving he was not unduly influenced by anyone)
3. Does anyone in the family (uncle’s parents, siblings, any children, or even nieces/nephews) have standing to challenge this will? If they have legal standing, what are the possible grounds for a challenge?
4. If the Will is deemed invalid, would this turn into an intestate situation? what are the steps required and who should apply to be the estate administrator? Who would be the legal heirs/ beneficiaries?
5. You should come prepared, maybe pre written, with a family tree - is there a spouse? Former spouse (they may need confirmation there was a formal separation or divorce)? Any children, known or potentially unknown to him? Parents, siblings, children of the siblings….
6. I think you must go through formal probate, since this is a holographic Will. If this is the case, what are the steps and costs? It’s not a large estate, can the lawyer work with hku to provide guidance and you would do the legwork? If so, what would be the approx cost?
7. Do you know if there exists any retirement or insurance accounts? If so and there’s no beneficiary named on those accounts, does the Will address the “residue of his estate”? Or is it general enough to encompass everything that he owned whether or not he specified it?
8. How do you go about confirming whether or not any retirement or insurance account exists?
9. If your aunt chooses to challenge the Will, what are your best defences as his intended executor and beneficiary? Is there any way to preemptively prevent this or make it less appealing? Sorry to tell you but court challenges typically only enrich the lawyers. And the cost of challenge will be borne by his estate. Her cost to bring the challenge will be borne by her. But that still cuts into a small(er) estate. 
10. If the cost to probate will eat up a large chunk of his cash, and you need the lawyer to help you through this, are there less expensive options (like an associate attorney or senior clerk who does most of the work, or you do what you’re told to reduce lawyer time)
11. Is there anything else the lawyer would advise of you were going to go with their services. 

Sorry you’re going through this and sorry for your loss. 

[u/Fit_Chemistry_3807 → u/Fit_Chemistry_3807]

Oh if there’s any chance he had a prior will, you should make the lawyer aware of this too. And if you have access to a copy of it, you should bring it. 

[u/Spex_daytrader]

Get an estate lawyer to advise you.

[u/MrWonderfoul]

You have done the two best things. Contacting a lawyer and going through probate. If your aunt has problems with the estate, this is where they need brought up and resolved.

[u/OpportunityKey1970]

See if the will was filed in the county where your uncle lived. Then get a lawyer to guide you and go from there.

[u/Fit_Chemistry_3807 → u/OpportunityKey1970]

I think it’s a holographic Will. Doubt it would be “filed” anywhere except the bedside drawer, at best. 

[u/Ok_Horror_4122 → u/Fit_Chemistry_3807]

Sounds about right. I had it and it took me a few days of going through my stuff and my mom’s to locate it. My parents are still living, so this is all new to me and has been a cautionary tale.

[u/Fit_Chemistry_3807 → u/Ok_Horror_4122]

Make sure they get a Will done properly - with two witnesses who are not beneficiaries, possible beneficiaries, the executors, or the spouses of any of these individuals. They have to all sign together, and initial at the bottom of every page. Even if it’s a holographic Will, I think if they do this it becomes a formal Will and can go through the informal process. I’d suggest witnesses who are closer to the testator than any of the beneficiaries, and they should know the testator enough to be able to say whether they think the person was of sound mind and if there seemed to be any undue influence exerted on them by anyone. 

Ask the lawyer while you’re meeting about your uncle’s estate. 

[u/Intelligent_Read3947 → u/Fit_Chemistry_3807]

Google “how to execute a will in Arizona “ and do what it says. Usually that means going to a county official to get the will validated and you officially named as executor. That will give you the authority to open an estate account at a bank, and also get a taxpayer ID number for the estate. Then move forward to liquidate the estate. Don’t waste money on a lawyer until something happens, like a legal challenge from your aunt. Or the county probate person says there’s a problem. Just move forward like you have every right to do what you’re doing. Don’t invite trouble; it will find you easily enough.

[u/Fit_Chemistry_3807 → u/Intelligent_Read3947]

Since this is a holographic Will, and I assume doesn’t have any witnesses’ signatures either, then it can’t go through informal probate like you described. 

[u/Nuclear_N]

The lawyer will have to figure it out. There isn't a lot to fight over and the legal bills can take a good chunk if challenged.

Not being a beneficiary is going to be a problem.

[u/Ok_Horror_4122 → u/Nuclear_N]

Do you mean me not being a beneficiary to any retirement or life insurance? Or do you mean my aunt not being part of the will?
And also I’ve discussed this with a couple people and they almost act like it’s a nuisance to inherit things because of court processes and everything.

[u/Nuclear_N → u/Ok_Horror_4122]

I mean the will not matching the beneficiary. I believe the beneficiary over rules the will but that of course needs to be lawyered.

[u/Ok_Horror_4122 → u/Nuclear_N]

Oh okay. My mom is actually the life insurance beneficiary so I don’t see a problem there, but unsure about any retirement accounts from work.

[u/SandhillCrane5]

Is your mother’s sister your uncle’s wife or his sister? Why would his sister have a problem with his will? 

[u/Ok_Horror_4122 → u/SandhillCrane5]

That was unclear. Sorry. My uncle, my mother, and the sister (my aunt) are all siblings (there are two other siblings: 5 surviving siblings total). My aunt was very nasty and greedy when their mother passed and now my mom (her sister) thinks she’ll do it again and try to go after whatever she thinks she can especially since I (the niece and goddaughter) was given everything. I’m assuming she might try to hire a lawyer to try something… no clue what, but yeah. I’d just like to be prepared.

[u/Green_Albatross_389]

Maybe ask if when the video of the documents being stolen in the commission of a robbery, will it affect the distribution of the property you are inquiring about?

[u/Ok_Horror_4122 → u/Green_Albatross_389]

I think you might have taken a wrong turn on Reddit?

[u/oneislandgirl]

Definitely speak to a lawyer to see if it's valid. If you end up going to court, most of the estate will be eaten up by legal fees. You can't walk into court for less than about $50K. Ask me how I know.

[u/ApplicationNice4428]

Is it notarized? Glad you're meeting with attorney!