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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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Friend in Arizona, married, husband committed suicide left suicide not

Customer Question

Friend in Arizona, married, husband committed suicide left suicide note leaving all to someone else. Being a community property state can this group legally use this as a Holographic will? They have locked her out of her house all all joint accounts.
Submitted: 1 year ago.
Category: Estate Law
Expert:  N Cal Attorney replied 1 year ago.
Thank you for your question.
Was the note signed and written by hand (not typed)?
Can you quote the note here, or email a copy to***@******.*** with Attn N Cal Atty as the subject line?
Has anyone filed the note for probate as a holographic Will?
They have no legal authority to act under the alleged Will if it has not been probated:
Arizona statutes:
14-3103. Necessity of appointment for administration
Except as otherwise provided in chapter 4 of this title, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person shall be appointed by order of the court or statement of the registrar, shall qualify and shall be issued letters. Administration of an estate is commenced by the issuance of letters.
They have no legal right to lock her out of her house without a court order.
Customer: replied 1 year ago.
My friend has hired an attorney and he has asked me to not ask any more questions on her behalf so at this time thank you for your assistance but, I will not longer need any more of your time. Thank you
Expert:  N Cal Attorney replied 1 year ago.
Thank you for using Just Answer and for trying to help your friend.

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