Legal Question in Wills and Trusts in Arizona

Estate

My father died 5 1/2 yrs ago

the personal rep. never closed the estate . He now wants money to finish it from me...since funds have been dispersed already. (he thought is was closed)

What can I do he says I owe 12,000.00 due the estate. He found a 20yr old note I had barrowed from my Dad . Clams I need to prove that I paid it. I did some payments in cash and my Dad said I didnt have to pay the rest.


Asked on 5/10/07, 12:13 pm

2 Answers from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Estate

Your question says AZ(WA), US. If this is an AZ probate you need a lawyer in AZ to represent you there.

Failure to close an estate in 5 years is amazing to me. That's way too long. Furthermore, he cannot collect on a 20 year old note, the Statute of Limitations ran long ago.

You cannot prove you paid something twenty years ago. Plus, it sounds as though it resolved as a gift. Is there a clause in your Dad's will that requires you to re pay the debt?

Sounds based on what you said that the PR is yanking your chain.

Your question raises a whole host of issues. You need an attorney in the county where your Dad's will is being probated to help you. Call that Bar association and get a referral.

Hope this helps. Elizabeth Powell

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Answered on 5/10/07, 12:25 pm
James Jenkins Jenkins Law Center PLC

Re: Estate

More facts need to be known. The court itself usually does not let the PR wait that long to close an estate. It may in fact already be closed. Also, statutes of limitations may have run; it may be too late to enforce the note.

We do Arizona probates in all counties. I would have to see the note, do some checking on the probate to see its status.

We offer free, no obligation consultations, which can be by phone as well as in person. Call 380.835.1500 to arrange. Do not pay the note at this point. It looks like the PR did not do his job right.

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Answered on 5/11/07, 10:55 am


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