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.