Legal Question in Wills and Trusts in Arizona

Executor

My son-in-law died yesterday and his wife is in jail. She will be released April 1st. They have a home in AZ with both names on the deed. My daughter is medicaly incompetent. She is bi-polar, schizophrenic. How can I be appointed to handle all necessary affairs that are coming up? His money is in the bank, but only his name is on the checking account. Is there any way that I can petition the court to appoint me to take care of affairs? Is there a legal aid that I can contact, as I do not have any extra money for a lawyer? Please let me know as soon as possible.


Asked on 3/10/06, 2:21 pm

1 Answer from Attorneys

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

Re: Executor

You can file your petition in the Probate Division of the Superior Court for informal probate and appointment as the Personal Representative of the estate of your son-in-law, and with that appointment you can access his bank accounts, deal with his property, pay bills, etc. according to law. As personal representative of the estate, you can hire a lawyer and get advice how to handle estate matters, and the estate would be responsible to pay the attorney's fees and would also pay you a fee for your work as personal representative.

You should also file a petition in the Probate Division for Permanent Appointment as Guardian and Conservator of your daughter.

Both of these petitions require you to pay a filing fee, approximately $200 for the probate and $500 for the guardianship/conservatorship.

You can do all of the above without a lawyer, by going to the self help center of the Superior Court, at the court house or you can obtain the forms and instructions on the internet at www.maricopa.gov, then click self service center, then click on forms, then scroll down to the probate section and find the forms for informal probate and for guardianship and conservatorship of an adult.

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Answered on 3/10/06, 3:35 pm


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