Legal Question in Wills and Trusts in Arizona

Re: Conservatorship

The answer to your questions almost entirely depend on the contents of the trust. Is your mother a beneficiary? Are you? Does the trust provide for successor beneficiaries once a beneficiary dies? You need to provide more information if we are to let you know the answers to you questions.

Re: Conservatorship

If the goldmine is in the trust, then it is the duty of the trustee to manage the assets, as well as the income derived from the goldmine. The distribution of the income and principal of the trust is governed by the trust agreement. The only thing a conservator would have control over are the assets of your mother owned by her as an individual, and under the circumstances that you describe, it is more appropriate for you open a probate case because she is presumed to be dead. Then you can determine who is entitled to share in her estate upon the court's decision that she is declared deceased.

Re: Conservatorship

I presume you mother had no power of attorney executed before she vanished, therefore a conservatorship is needed if she is alive, or a probate is needed if she is legally classified as deceased.

Conservatorship can only be had through the Superios Court with formal proceedings. If you want to discuss filing those with me you may call 480.835.1500 to arrange a free, no obligation consultation. We handle probate and estate cases in all Arizona counties.

Best regards,

James D. Jenkins