I had one of the hardest calls of my week yesterday.
A new client came to me after her stepfather passed away. He had used an online will form. The form had space for three beneficiaries. He named his stepson as number one, his stepdaughter as number two, and left number three blank.
Now the stepson believes he is the sole beneficiary and only the stepdaughter gets anything if he is not living. The stepdaughter believes the estate was meant to be split equally between the two of them.
There is no way to ask the stepfather what he intended. And under Arizona law, stepchildren have no automatic inheritance rights regardless of how close the relationship was.
So now we are going to formal probate. A judge will have to decide.
Online will forms are not inherently bad. But they are only as good as the person filling them out, and the language used to describe beneficiary arrangements is not intuitive.
Mistakes that seem minor when a form is completed can create enormous conflict and expense after someone is gone. If I can help your family avoid this situation, please call.
If you are in Arizona, I would love to hear from you at 480-719-7333. This content is for informational purposes only and does not constitute legal advice. Please consult an attorney for guidance specific to your situation.