Legal Question in Wills and Trusts in Arizona
Estate Settlement Difficulties
I am personal representative for my Aunt's estate. All financial assets were left with her 2 children as beneficiaries and do not go thru estate. There is no money for me to collect for taxes, expenses, bills, etc. My granddaughter is supposed to receive $3000. How do I achieve this?
Her daughter, who is mentally ill, has hired an attorney and is interfering with the division of personal property and furniture and the distribution of such as per the will. She lives in my Aunt's home, given to her via a beneficiary deed, drives my Aunt's car, which was also left to her (I have the title) and has all of my Aunt's furniture, personal property, financial records, etc. in her possession. She refuses to turn over these things, including special bequests of personal items, and refuses to let me in with an appraiser to value the household goods. She will let an appraiser in alone, but this would not be prudent in view of her animosity toward her brother and me. There is no money in the estate for me to hire an attorney, pay an appraiser or give my granddaughter the $3000. Each of my Aunt's children received approximately $150K. I would also like to bill for my work under the circumstances. What and how do I file for a court order?
2 Answers from Attorneys
Re: Estate Settlement Difficulties
You have a lot of information available to you at the Superior Court Self Service Center. You can access much of this information online by going to www.maricopa.gov and click on self service center, then click on forms, then go down to informal probate and read the information packets that are there together with the forms for you to petition for probate of the will and appointment of you as Personal Representative. The order to the personal rep, tells you what your duties are and you can seek orders of the court which you could enforce if the parties are uncooperative.
If the residence was conveyed to the daughter by a beneficiary deed, then the house is hers, automatically upon the death of your Aunt. With regard to the personal property, you as the personal representative have to take control of those assets and distribute them according to the will. If there are no cash assets to pay bills, taxes and creditors, you may have to sell the personal property to pay those costs. You cannot make a specific cash gift if there is no cash available to make those gifts. You said that the daughter was "left" the car, how was that done? You have to determine what assets are in the decedent's estate and what their value may be. The State Bar of AZ has a volunteer lawyer program and the Maricopa County Bar Assn. could refer you to an attorney willing to give you some free advice or work with you on some other basis. You need to go before the Court and get some court orders which will allow you to do your job as personal representative.
Re: Estate Settlement Difficulties
Your description seems to cover the basics, but without knowing the details of the will and if there is a trust etc. it is not possible to give you a complete answer. In any case go the Court and ask for assistance or call the bar assoc. for an attorney which may take the case pro bono or with a contigency.
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