Legal Question in Wills and Trusts in Arizona

Re: Grandmothers Will and Insurance Policy

I agree with the answer posted by the attorney in Arizona as it pertains to your aunt having no continuing authority to act as an Agent for your late grandmother under a POA. I also agree that, if your aunt is, in fact, the Executor of your grandmother's estate, she does have a duty and responibility to act in a timely manner. However, we all grieve in different ways. Two months is not a particularly long time. I would suggest that you make further efforts to talk to your aunt before you plow blindly into any type of litigation. After all, you don't even know for certain whether your grandmother actually left you anything. The only folks that win when it comes to litigation are the attorneys on either side. Proceed carefully.

Re: Grandmothers Will and Insurance Policy

You could consult with an estate attorney who could graciously, with a measure of diplomacy help you deal with your aunt. One year is not a reasonable time to wait. What you need at first is a copy of any will or trust left by your grandmother, and insurance policy. Surely this would take very little time on your aunt's part and is not burdensome to her. It should not take one year.

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Best regards,

James D. Jenkins

Re: Grandmothers Will and Insurance Policy

Your Aunt has no authority under the POA, as it expires upon the death of the Principal, your grandmother. We don't know if your grandmother did leave you money or if she didn't. If your grandmother named you as beneficiary of an insurance policy, then the proceeds would not be part of her probate estate and the money would go directly to the beneficiaries named, upon proof of death. If your Aunt is named in grandmother's Will to serve as Personal Representative of the Estate (Executor), she has a duty to the creditors and the heirs to proceed promptly to administer the Estate and apply for appointment as PR. If she refuses to do so, then you could take the action to probate the estate and seek appointment as PR. That would probably flush her out and force her to disclose what the estate has in it (assets) and the details of any insurance policy.