Legal Question in Wills and Trusts in Arizona

Re: first beneficiary's rights

She does have some discretion in when property is transferred to the beneficiaries, but she can't keep you from getting anything.

I would start by just having a talk with her. Remind her of the tremendous responsibility and personal liability she has as Personal Representative (what Arizona calls Executor).

Learn about the law yourself before you talk to her. Go to the Superior Court website and download the Informal Probate packet. Pay special attention to the instructions in Part 1 and to the Order to Personal Representative. That outlines the PR's obligations. You can get it here:

http://www.superiorcourt.maricopa.gov/ssc/forms/prob_group_10.asp

If you can't reason with her, then you should hire an attorney to help you either (1) force her to do her job as PR or (2) have her removed as PR.

Re: first beneficiary's rights

I do not disagree with the advice sent you by other attorneys. It appears to me that your aunt is acting in an ill-advised fashion, and that only the intervention of an attorney will get things on track.

We offer free, no obligation consultations at 480.835.1500 to get all details, facts and answer questions. You are welcome to speak with me. I have 27 years experience.

Re: first beneficiary's rights

You can petition the probate court to enforce the provisions of a Will and to review the actions of the personal representative of the estate (your aunt)and that she has acted appropriately. I do not know if the Will was admitted to probate, or if your aunt was appointed personal representative of the estate or what the Will actually says about distribution of the assets of the estate.