Legal Question in Wills and Trusts in Arizona
Discrepancies With Final Accounting
If the personal representatives attorney and I cannot come to an agreement concerning many discrepancies in the final accounting of an estate, what should I do next? The hearing to close the estate is coming soon. The PR and I are brothers and the estate was to be divided equally. The will probated was out of a trust kit my brother helped our mother fill out. The will put anything not included in the trust into the trust after she died. The will made my brother PR, but in the trust it had both of us "and" administering the estate, but my brother says he can't find the last page of the trust so the trust is no good and he is running everything without even consulting me whatsoever. He borrowed $12,000 from our mother 2 years ago and I have her records showing he has paid back $3,000, but he now says it wasn't in the will so it dosn't count. there's several other money and property matters I don't agree with him about. My mother would be ashamed of how he is acting. What can I do?
2 Answers from Attorneys
Re: discrepancies in estate's final accounting
In California, you can object to the accounting by oral objection at the hearing on the accounting, or by written objection filed with the probate court (this should be done before the hearing.
If there is written evidence of the debt he owes, he may be liable. Sometimes a will or trust will specifically forgive debts owed to the decedent, but that doesn't sound like the case here.
Probate objections
Once an inventory or an account has been filed you can object to the filing by filing a writing of such to the Court and notifying te PR. A hearing can be set on your objections
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
