Legal Question in Wills and Trusts in Arizona

i am a beneficiary to my mothers will. i was her caretaker for 4 years before she died. approx 9 months before she died my brother came and took her to california. i never saw her again. i am supposed to get money from her estate and she also had money that was mine. my brother has refused to give me what is mine, failed to accept there was a will, already distributed a large part if not all of the money, i sent him copies of the will, the last wishes, the power attorney form naming me as executor, and he sent them back return to sender without opening it. what should i do?


Asked on 4/26/11, 5:35 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

You can bring legal action against your brother to hold him accountable for his actions. You need the original Will signed by your mother, not copies, and with that, you can open a probate of her estate, and get legal authority to pursue your claims against him. In addition, you can make a claim against the estate for your caregiving services, and for return of money that was yours, and not hers. If she died in California, you will probably need to hire a CA attorney to represent you.

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Answered on 4/26/11, 5:50 pm


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