How to check on rights to land?

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How to check on rights to land?

My father remarried after my mother died. He died a few years later. There is a plot of land that was always promised to us kids. Now the woman he remarried is saying that a Will my father made left the land to her and she is trying to sell it. We have never seen this Will; I’m not sure I believe it even exists. I checked into it and the deed to the land is in her name. Is there anything that we can do?

Asked on October 22, 2010 under Real Estate Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss and for your problems.  If there was a Will then it would have been probated in the county in which your father resided at the time of his death.  Probate proceedings are public records so you have every right to go and to see the Will and the check out what went on.  Now, this seems odd because you as the next of kin - his children - should have received a copy of the Will, especially if you were cut out of it.  You would have been given an opportunity to contest the probate.  This is because under the intestacy laws in the state you would have inherited in the absence of a Will.  I might consult with an attorney here as to your rights.  Good luck.   


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