Legal Question in Wills and Trusts in Arizona

Father died with no will

My father died about 2 years ago with no will. Since my oldest brother lives in the same state the rest of us (2 brothers 1 sister) agreed that he should handle the selling of house/assests. Like I said, this was over 2 years ago, I know he had the house on the market for a few months and then took it off. He stopped communicating with allof us over a year ago. Is there anything I can do to find out what is going on, or maybe have my other older brother take over so we can get this done and behind us?


Asked on 2/18/09, 11:02 am

3 Answers from Attorneys

Christopher Steuart IT Forensics, Inc.

Re: Father died with no will

There is a critical piece of information missing from your question. Where was your father's residence at the time of his death? If it was WA, you brother would need to open probate to dispose of real property. If There is a probate case open in WA you can intervene as interested parties and, if necessary, move to have your brother removed as administrator. If your father resided in AZ at the time of his death you should read Mr. Scher or Ms Meyer's answers.

Read more
Answered on 2/18/09, 6:34 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: Father died with no will

You or your older brother should open a probate, which is necessary to sell the house, and seek appointment as personal representative of the estate. This will give you authority to sell the house, gather assets and pay bills and liabilities of the estate. Your agreement that one brother should handle selling the house is not legal or sufficient to list and sell the property.

Is the real property in AZ or WA? Where did your father reside at his death?

You should seek counsel at once.

Read more
Answered on 2/18/09, 11:47 am
Gloria Meyer Meyer Law Office

Re: Father died with no will

You did not mention probate, so I assume that no one opened probate for your father's estate. Unless one of you opens a probate case with the Court, no one will have authority to sell the house and transfer title to the buyer. You may call my office if you would like to discuss this further.

Read more
Answered on 2/18/09, 2:30 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Arizona