Legal Question in Wills and Trusts in Arizona

Do I hire an attorney?
My mom passed last year in Phoenix. I flew down from Detroit to handle her matters. My mom's best friend of 6 years offered to help with my mom's storage unit. This friend, Sherry, said she would sell the items, and send me the money in MI, since I could not afford to ship it all back to my home. I have not heard from Sherry since I left AZ in Sept. The items in storage are worth $3000+. Includes porcelain collectible dolls, handmade crafts, and a whole bunch more. I had a verbal agreement, nothing in writing. I do have 4 witnesses who were there with me, and atleast 2 are willing to go to court with me or sign an affadavit. Since this is so complex, am I better off getting an attorney, which I really cannot afford, or should I just file a small claim, which I would have to fly to AZ to appear in court. What are you thoughts?

Asked on 3/26/08, 10:37 am

4 Answers from Attorneys

Renee Walsh LawRefs Nonprofit

0 users found helpful

0 attorneys agreed

Re: Do I hire an attorney?

My opinion is that you should retain an attorney to represent your interests. There are issues with regard to probate and if you file in the circuit court versus small claims court you can get your attorney fees back from the defendant. It will be worth it to hire an attorney. On top of the loss of your mother, you do not need to deal with a legal dispute.

If you would like further information on suing in small claims court and whether it is worth the trouble, please visit my website at www.lawrefs.com. I have an article on just the subject which I wrote from my experience listening to those who have filed in small claims court. The article is listed under the category of consumer law.

Answered on 3/31/08, 4:59 am

Mark as helpful