Legal Question in Wills and Trusts in Arizona
3 children will say split 3 ways but one in control refuses to give copy of will
Father died, leaving an estate of approximately $40,000 to $70,000 to 3 children, sister that was left to divide estate to all three equally, is refusing to give a copy of the will to other children. Where can a person, go to research what to do without going broke trying to get answers? Is this even a possibility? I do know real property and personal property is under the $50,000.00 mark, so no probate is needed according to the person, I spoke with at the probate court she can just take everything from what little info I have received. Where can I go find out how to make her do what is right.
1 Answer from Attorneys
Re: 3 children will say split 3 ways but one in control refuses to give copy of
you state that the estate is valued between $40 and $70,000. If it is more than $50,000, there must be a probate and the Will would be filed with the Petition. If no probate is required, then an affidavit must be filed with the Court, together with the Will, if there is one. You do not state if you know that a valid Will existed at the date of death. People die all the time without Wills or they have revoked an old Will or destroyed an old Will, so that no valid Will is in existence at the date of death. In any event, you can petition in probate court for a review and supervision of what the sister is doing for breach of her fiduciary duty, however, cost can be high depending upon the response she makes.
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