LO has alz/dementia and has been going through things in his den and has just written a will and had two people witness and sign it, and sent it off to our daughter letting her know what to disperse to who and giving her permission to do as she feels about handling this towards who gets what.My question is, do I have to allow her to come into my home after he passes so this can happen, or can I do anything about it... this has not been notarized, and it is on plain paper. I am his wife and caregiver.
I’d suggest to her that both you and her jointly go to see a lawyer now, to discuss the situation together. Without discussing it now, it is a disaster waiting to happen, to tear people apart, and to waste a lot of money if it eventually goes to court.
Make an appointment right away with an Elder Law / Wills and Estates Attorney. Take all of your financial and account information. Also bring whatever statements you have from your husband's doctors diagnosing his dementia, and anything that says he isn't competent.
The Attorney can tell you whether this new will is legal. It might be that given the informal format and your husband's condition, it just won't stand up in court. Or it might be that the law doesn't allow him to unilaterally give some assets away. There may be things you can do to protect some of the accounts or assets. Be proactive, and thorough.
I'm sorry this situation has arisen. Impulsivity can unfortunately be part of dementia.
(1) Where were you when the two people witnessed and signed the will?
(2) How do you know what's in the will?
(3) Do you have a will?
(4) How is your relationship with your daughter, other than that you don't trust her?
If your husband has an actual medical diagnosis of ALZ/dementia and it is in his medical records, this would be important to compare the date of the diagnosis with the date of the Will. Depending on what is written in the diagnosis may determine if the Will is valid or not. Again, ask an attorney.
What is Community Property?
Definition: Assets and debts accumulated by either spouse from the date of marriage until separation.
Examples: Wages earned, homes purchased, retirement funds contributed, and debts incurred during the marriage.
What is Separate Property?
Definition: Property owned before marriage, received as a gift or inheritance by one spouse, or acquired after the divorce petition.
Examples: A car owned before marriage, an inheritance from a relative, or a gift from a parent.
Key Points for Divorce
Equitable Division: Arizona courts divide community property fairly, which often means equally, but can vary based on circumstances like income or health.
Separate Property: Kept by the owning spouse, but can become community property if mixed (commingled) or intentionally declared as such (transmutation).
Debt: Community debts are also divided, with separate debts staying with the original owner.
As far as your stepdaughter goes, speak to your attorney about that.
Good luck to you.