Legal Question in Wills and Trusts in Arizona

Re: My right to my deceased father's estate

Without a will in TX, the heirs split the property equally. If you want to pursue this, you better find a probate lawyer in Tuscon.

Re: My right to my deceased father's estate

You have raised many questions that require you to establish the facts first, and then the questions can be answered. By opening the gun safe, you might find a Last Will and Testament and/or other documents. The bank account legally belongs to her, because a pay on death provision works outside of probate and without regard to a Will, if any. The beneficiary gains ownership by operation of law. If she is willing to pay for the funeral and split the proceeds with you, that is all to your benefit. You may have equal rights to be appointed Personal Representative of the Estate,however, since she is local, and if you believe she will act honestly, you can consent to her being the PR. She cannot appoint herself as "Executor" (an old term, we now use Personal Representative), it is up to the probate court to order who shall serve as Pers. Rep. If you are both heirs, then you would split 50/50 the estate remaining after creditor claims, taxes and the expenses of administration, which includes the legal fees and fees payable to the PR, if the PR chooses to request fees.

You should determine quickly if you are working together, amicably, or if your interests are adverse. And you should open the safe and inventory all of the assets of the estate, including the insurance policy (which if payable to both of you equally, as named beneficiaries, is not part of the probate estate). Whatever she does as PR can be subject to review by the probate court if you raise an objection or make a claim.

Re: My right to my deceased father's estate

I will add to the responses given already. Arizona has jurisdiction over this case. We handle probate cases in all Arizona counties, including Pima County (Tucson.) However, this is not a case where a probate is needed since there are less than $50,000 of assets. There is an alternative procedure that can be done once 30 days has past from the date of your father's death.

I presume there is no house or real estate owned, since you mention none.

As stated by other counsel, the bank account and life insurance go to the party named as beneficiary. Also, when you state "step sister" I presume that your father is the common parent, with different mothers. If not, that makes a difference.

Without a will, and no spouse, your father's estate passes to the heirs, which in this case is his children in equal shares. His guns, household effects, cash, personal effects, and any personal property goes to the two of you, after payment of his debts, including medical bills, credit cards, utility bills, etc. There is no provision for you to receive $4000 of your step sister's money to help pay the Jeep loan. Your father's interest in the Jeep is subject to the loan.

If your step sister is willing to pay the funeral out of her money instead of estate money that is a $3500 benefit to you and is generous of her.

You can arrange a free telephone conference to get other answers and see what specific steps need to be taken by calling 480.835.1500.

Best regards,

James D. Jenkins