Jan 2, 2026
Losing a parent is one of the most traumatic things a child can experience. Take the example of Angie, whose dad, Hugh, has recently passed away. It’s been devastating for her.
She shared a strong bond with her dad and helped care for him as his health declined in the last two years of his life. She was also close to her stepmom, Jenny, but since her dad’s death, there’s been silence.
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Since her dad’s death, Angie’s stepmom has cut off communication and withheld all information about his estate, which her biological mom, Kate, 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 is unsure if the original exists.
Beyond feeling hurt by her stepmom’s behaviour, Angie 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 Hugh’s estate.
Kate wonders what Angie’s rights are, especially without a will.
Where there’s a will, there’s a way
As of 2025, almost a quarter of Americans have a will, versus one-third in 2022, according to a survey by Caring.com. (1)
“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, in partnership with AARP, found that 45% of Americans over 55 have a will. (2) Many have neglected to draft an estate plan or update an existing will to reflect their current standing in life, including 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 be handed down from older generations to their heirs through 2048, with another $18 trillion going to charities. (3)
If Hugh had a will and named her executor, or even beneficiary, Angie would have the legal right to see it. If no will exists, there’s no cause to panic. She still has options.
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What are Angie’s options?
With no signs of communication, however, it may be time to bring in a professional.
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If Angie has asked to see the will but has received radio silence — or is being given the runaround — she should consider consulting a trust and estate planning attorney to help her understand her rights.
For example, if Angie suspects that Jenny 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 for the estate to produce the will.” (4) An attorney would be essential to grease those wheels.
If there is no will, the estate falls under intestacy laws, meaning assets will be distributed according to state rules. The estate will go through probate, which determines how assets are divided or, in some cases, liquidated to pay off debts. This process can be time-consuming and expensive. In most cases, the state’s distribution rules may not reflect the deceased’s wishes.
When it comes to states with community property laws, any income or assets acquired during a marriage are considered joint property, regardless of who earned or obtained them. These community property states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin — though each state has its own interpretations.
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 stated otherwise.
Whatever the case, Angie does have rights, and with $2 million at stake — not to forget her father’s final wishes — seeking professional guidance may be the best course of action.
Article sources
We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.
Caring.com (1, 2); Cerulli Report (3); Senior Advocate Center (4).
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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.
