Legal Question in Wills and Trusts in Arizona
My brother does not have a will. he has told me where all his accounts are and the account numbers. He wants me to be his exectrix (sp?) when he dies. He lives in AZ and I in RI. What is going to happen when he dies without a will? Am I going to have to go to probate court in AZ to be assigned as his executrix??
1 Answer from Attorneys
I strongly suggest that you persuade your brother to make a Will and state in writing who is to inherit his assets and property, and who has the authority to carry out his wishes (his Personal Representative, we don't use executor anymore) without having to post a bond. Whether or not probate is required, depends upon the value of his estate at the time of his death. If it is below $50,000, then the property can be transferred to the heirs by filing an affidavit, and no probate is required.
More Important, your brother should have an attorney prepare a durable Health Care Power of Attorney, and a durable General or Financial Power of Attorney, so that someone he trusts can make decisions and take action for him during his lifetime, but he may be incapacitated or just want you to make decisions for him or pay his bills, etc. etc.
Encourage him to take action immediately, while he is still capable of making these documents.
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