Legal Question in Wills and Trusts in Arizona
10 days after death
My father was found dead in his truck on 8/16/04. I was informed 10 days later. He has a mobile home, truck, stocks, last payck, & a life policy. There is no will. Crematory was informed that there was ''No Next of Kin'' by his sister and care-taker/co-worker. Co-worker emptied out his trailer during the 10 days and had access to his checking account. Co-worker had his truck driven to her residence after his death. I was also informed that she paid Sept. 2004 space rent on his trailer. Do I have legal right to request his property from this woman? At this time I only have my birth certificate, his military discharge, a copy of his birth cert, and a copy of the police report as legal proof. I have ordered an original death certificate. In the meantime, can I find out financial information from his bank and other institutes using the documents stated above and a copy of the Death Cert?
3 Answers from Attorneys
Re: 10 days after death
You should take prompt action to open a probate proceeding and seek appointment as Personal Representative of your father's estate. With the authority of the court appointment, you can pursue the co-worker for any wrongdoing. If there is no Will, and no surviving spouse, then the children are the sole heirs of his estate. You may also make a complaint to the police for theft and/or violation of the AZ statutes on Elder Abuse and financial exploitation. If the co-worker was acting under a power of attorney, there could be criminal as well as civil penalties for violation of that agency agreement. You can proceed without a lawyer using the Self Service Center of the Superior Court. You would be well advised to employ an attorney.
Re: 10 days after death
In a word, yes, you do have rights and you can begin a Probate process. There may even be some damages for items that have been wrongfully removed and/or discarded.
If you require assistance in this process, please feel free to contact me at my office at 626-578-0708 or via our firm's website at www.No-Probate.com
Re: 10 days after death
Under the assumption that your father died in AZ you are his heir (if you have sibblings, they have the same rights). Get the death certificat and calim all your property. I cannot see out of your description how and why this women took care of things. Did she have any legal relationship to your father or a power of attorney? You should request all this information
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