Legal Question in Wills and Trusts in Arizona

My father filed and won a class action lawsuit. He was already paid half the settlement but while waiting for the other half, he suddenly passed away. My mother is also deceased and he never remarried. There are 6 surviving children. He also did not have a will or power of attorney. What happens with the rest of the cash settlement from the lawsuit? Does it get awarded evenly to the surviving children or will the law office not pay the settlement?


Asked on 11/13/12, 8:44 pm

1 Answer from Attorneys

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

You should file a petition for probate of your father's estate and appointment as personal representative of the estate. As PR, you will have the authority to collect the remainder of the settlement and then distribute the entire estate to the heirs. Consult an attorney to advise you and do the filing for you.

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Answered on 11/14/12, 8:50 am


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