Legal Question in Wills and Trusts in Arizona

Executor of an estate and next of kin.....2 different people...major trouble

I am asking this on behalf of an ill friend.

her father passed 10 years ago. His attorney was the executor. His daughter has been given nothing from a very large estate and is being told that there is nothing left.

Does the executor have the power to use her fathers estate like his own personal piggybank?

He told her just a month ago that there were millions of dollars there. Now suddenly there are none??

What can she do? She is ill and needs the money badly.


Asked on 3/10/09, 6:20 pm

2 Answers from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: Executor of an estate and next of kin.....2 different people...major trouble

Clearly, the executor of an estate has no right to take any money or assets for himself, although he may be entitled to reasonable fees for his work as executor. In addition, the executor owes a fiduciary duty of honesty, fairness, loyalty, etc. to the creditors and heirs of the estate. The daughter can bring an action in the probate court to review the action of the executor and demand a proper accounting for all the assets in the estate.

Please take action immediately, and if you cannot afford an attorney, there is a self service center at the Maricopa County Superior Court, with instructions and forms to tell you how to do it yourself.

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Answered on 3/10/09, 7:06 pm
Gloria Meyer Meyer Law Office

Re: Executor of an estate and next of kin.....2 different people...major trouble

I agree with the previous answer. Your friend should immediately object to the court and ask the court to order an accounting from the Executor. The attorney is entitled to reasonable payment for his time and actual expenses, and nothing more. There may have been bills to pay, etc., but in view of the fact that the attorney told your friend the estate was worth millions, it all sounds very suspicious. She should act quickly. You may call my office or email me if you would like to discuss this further.

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Answered on 3/10/09, 7:31 pm


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