Legal Question in Wills and Trusts in Arizona
Informal Probate Arizona
My Uncle passed away November 2008 after a 2 week hospital stay.Family was not notified of illness until 24 hrs. prior to death Retired next door neighbor is personal representative of estate. Our understanding this person is paid a reasonable hourly rate for her time administering estate.Beneficiaries were informed by her that the hourly rate was $25/hr after she had done many things she was specifically asked not to do (i.e. hosting memorial service (our family does not do this) and washing laundry (necessary?), cleaning out garage etc. We understand an inventory must be done but this seemed above and beyond.We did not know the estate would be paying for this nor did we think it right that she hire her live in boyfriend to assist in her duties at a rate of $15/hr. She tells me her attorney approved these rates. Is this correct? If not - what can be done? All four beneficiaries had to travel from out of state to collect inventoried items.She insisted that we stay at a hotel (would not allow us to stay at the house we now all own because she said it was not clean enough - after seeing the house this was not the case) and told us all of our expenses would be reimbursed on departure - then refused. Any thoughts or ideas?
3 Answers from Attorneys
Re: Informal Probate Arizona
If this is an Arizona case, you must present it to an Arizona attorney.
Re: Informal Probate Arizona
You and the other heirs have the right to petition the cour to review the actions of the Personal Representative, regarding any payment to her boyfriend, her fees for administration of the estate and anything else you think that she has done wrong. The PR owes a "fiduciary duty" to the heirs, the creditors and all those who have an interest in the estate. The court can punish the PR for any wrongdoing and the PR is subject to the supervision of the court. If you are all in the same position, you can hire a lawyer to represent all of you and bring the issues to the attention of the court.
Re: Informal Probate Arizona
If you use an attorney, the attorney must be licensed in AZ. However, you are not required to hire an attorney. You can petition the court directly, but before you do that, you should consider the likely outcome. The court will most likely find the PR was acting reasonably, and the fees are probably not too far out of the norm. The PR's attorney expenses in defending against your claim will be paid by the estate, and you will all get less in the end. I think you would be wise to try to cooperate with the PR.
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