Legal Question in Wills and Trusts in Arizona
my fathers death with no will
My father past away about two weeks ago and did not leave a will. He had a live in girlfriend for about 9 years but they broke up months before he was admitted to the hospital. After his death his girlfriend went into his home and took a lot of stuff. She took his taxes for 2006 personal stuff and cash clothing and other papers. He had been supporting her for years. Infact, he had her sign a promisary note to pay back $50,000 she barrowed from him. My question is what can we do to get back the money she took from my dad and get the taxes she refuses to give to us. She has also signed his name to checks and will not return his credit cards. Is there any legal action we can take that will not involve hiring a lawyer. right now we cannot afford it because of funeral and other expenses.
2 Answers from Attorneys
Re: my fathers death with no will
I agree with the previous answer posted, but see no way you will be able to do this without an attorney. Without a probate filing, none of you have legal authority to act on behalf of the estate. There appears to be a house and other assets. Attorneys fees can be paid from the assets of the estate. You apparently will need a probate for the house anyway.
You can arrange a free, no obligation consultation by calling 480.835.1500.
Best regards.
Re: my fathers death with no will
Your father's estate can recover the property from her. You should go to probate court and get a personal representative appointed to your father's estate who can sue her for the recovery of the property. Additionally, the personal representative can cancel credit cards, bank accounts, etc. to protect them from the girlfriend. Basically, the personal representative will have authority to close out your father's affairs and distribute whatever property he left to the lawful heirs.
Addtionally, the promissory note would pass to the legal heirs who could collect from the girlfriend.
Best of luck.
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