Legal Question in Wills and Trusts in Arizona

My father recently passed away on Sept. 26th, 2010 upon this event my sisters (3) conspired that I could not attend his services etc., I was informed of this by my brother in-law whose sons, my nephews, (who are in law enforcement in other states) would take what ever means necessary to uphold this family decision. My concern or question is: since being notified of the will and trust, it indicates my sister as executor, and my brother in-law has self appointed himself as co-executor and has implicated his authority being I have no contact with his wife (the executor). Per my request for a copy of my fathers last will and testament my brother in-law mailed me only 2 pages consisting of the "no contest claus" and distribution in trust pertaining to me as one of the four heirs, listing only my sister as "executor" and no "co-executor" does he have the right to stipulate that any and all contact regarding the trust be to him and him only? And... do I have the right to a complete copy of the will and trust? Thank you for your professional input. Bobbi L. Smith


Asked on 10/11/10, 8:56 pm

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

Your brother-in-law has no legal authority whatsoever to take the action he has done and you are entitled to copies of the will and trust. It is also clear from what you describe that you need to retain counsel in AZ to represent you and find out the facts about your father's estate and the what is in the trust estate, and then take action on your behalf to protect your interests and to get notice of all action taken by the executor (now called the Personal Representative) and the trustee of the trust. Both the PR and the trustee owe a fiduciary duty to the heirs and beneficiaries of the estate and trust.

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Answered on 10/17/10, 12:41 pm


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