Legal Question in Wills and Trusts in Arizona
My elderly dad, in AZ, has a trust of some kind written or oral. My brother the trustee. will not give him statements of investments and my dad does not have a copy of the trust. I was a beneficiary in the will but now that it is a trust I have not received a copy of trust or of my dads finances. or statement and transactions. My dad has not either. How can I find out if I am a beneficiary and see a copy of the trust. We also need accountibility of my brother. I thought AZ law required parties to receive these things within 60 days? Where is the trust recorded-in county? Will a daughter be able to obtain a copy? Does the trust need to be signed and notorized?
2 Answers from Attorneys
You will be required to take legal action in the probate division of the Superior Court, you can challenge your brother's authority to act as trustee and you can demand an accounting of your father's estate or the trust estate and what he has done since taking over your father's affairs. He may have pushed your father to give him power of attorney. Your right to information about the trust depends upon whether your father is legally competent to act and manage his own affairs, or is he incapacitated. You should consult with a lawyer immediately. If you have any evidence that your brother is taking your father's money, you can make a complaint to the police.
In order to force your brother to comply with the law, it will be necessary to file an action for Trust Administration. This can be complicated to do alone. If you would like to discuss your options in detail, please give us a call at 602 462 1004. We can make arrangements to discuss your legal issues and options.
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