Jun 9, 2025
Regina’s ex-husband recently passed away, which has been devastating for their daughter, Ada.
Ada shared a strong bond with her dad and helped care for him as his health declined in the last few years of his life. She was also close to her stepmom — or so she thought.
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Since Ada’s dad passed away, her stepmom has cut off communication and withheld all information about his estate, which Regina estimates to be at least $2 million. In his final days, Ada’s dad told her that he had named her the executor of his will. However, she doesn’t have a copy of the will and isn’t sure whether an original even exists.
Beyond feeling hurt by her stepmom’s cold shoulder, Ada isn’t sure if she has any legal recourse. Her dad and stepmom lived in Arizona — one of nine states with community property laws — which means her stepmom is automatically entitled to a portion of their shared estate. Regina is wondering what rights Ada has, especially if no will is found.
Most Americans don’t have a will
As of 2025, only about a quarter of Americans (24%) have a will, versus 33% in 2022, according to a survey by Caring.com.
“Since 2022, procrastination has been the most popular answer for why people haven’t made a will or a trust,” the survey found. “Men procrastinate on estate planning more than women, but only by a slim margin.”
An earlier survey by Caring.com, conducted in partnership with AARP, found that less than half (45%) of people over age 55 have a will. Many have never created an estate plan or updated an old will to reflect major life changes, such as a divorce or remarriage.
Creating a will is more important than ever, as the U.S. undergoes what’s being called the “great wealth transfer.” The Cerulli Report estimates that $105 trillion will pass from older generations to their heirs through 2048, with another $18 trillion going to charities.
If Ada’s dad had a will and named her executor (or as a beneficiary), she would have the legal right to see it. However, even if no will exists, she still has options.
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What are Ada’s options?
Because Ada’s stepmom has cut off communication, it may be time to bring in a professional. If Ada has asked to see the will but has received no response — or is being given the runaround — she should consider consulting a trust and estate planning attorney to help her understand her rights.
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For example, if Ada suspects that her stepmom is hiding the will, she has legal recourse. According to the Senior Advocate Center, an organization that provides elder law resources, “you may need to file a petition with the probate court to compel the production of the will.” An attorney can help with that process.
If no will exists, the estate will be handled under intestacy laws, meaning assets will be distributed according to state law. The estate will go through probate, which determines how assets are divided or liquidated to pay off debts. This process can be time-consuming and expensive, and the state’s distribution rules may not reflect the deceased’s wishes.
In a community property state, any income or assets acquired during the marriage are considered joint property, regardless of who earned or obtained them. The nine community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin — though each state has its own interpretation of the rules.
Typically, in these states, the surviving spouse receives a share of the estate, while the remaining assets are distributed to the deceased’s heirs, including biological children — unless a will states otherwise.
Whatever the case, Ada has rights. And with $2 million at stake — not to mention her father’s final wishes — seeking professional guidance may be the best course of action.
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Vawn Himmelsbach is a veteran journalist who has been covering tech, business, finance and travel for the past three decades. Her work has been featured in publications such as The Globe and Mail, Toronto Star, National Post, Metro News, Canadian Geographic, Zoomer, CAA Magazine, Travelweek, Explore Magazine, Flare and Consumer Reports, to name a few.
