Legal Question in Wills and Trusts in Arizona

executor/trustee refuses to enforce will and trust fund

Petitioner:

Deceased father's daughter and son

Situation:

Deceased left will and trust fund. Widowed wife is executor. Trust fund also set-up and was left in control of deceased sister or the aunt.

Will states all proceeds to go to grand children at the age of 25.

Widow & Aunt refuse to disclose any information. They have stated ''I'm getting the house and your aunt gets the rest''.

Question:

How do I petition the court to take action. Can they not be over-seer's to insure the Will and Trust Fund are executed in accordance with their creators wishes?

Thank you in advance for your advice.


Asked on 12/09/04, 6:43 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: executor/trustee refuses to enforce will and trust fund

The Personal Representative (Executor) of an estate owes a fiduciary to the heirs of the deceased, which can be enforced by the Probate Division of the Superior Court. Likewise, the trustee of a trust, owes a fiduciary duty to the beneficiaries of the trust. You should retain counsel and bring an action in Court to get an inventory of the assets of the estate and in the trust, an accounting and the information you are seeking, and you may also seek orders protecting your interests. You should act promptly.

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Answered on 12/09/04, 7:06 pm


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