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?
3 Answers from Attorneys
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.
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.
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.