Legal Question in Wills and Trusts in Arizona
Law Firm Responsibility of Will Executor
My uncle in Tucson recently died, and his remaining family are his sibs, my mother and a brother, and their children. His will and estate instructions were with a Tucson law firm, and my other uncle was named as executor.
My other uncle, the executor has met with the law firm holding the will and has access to all money accounts and the house. He says he has no knowledge of valuable items that my mother knows were there, and says he has no idea what the total estate is.
to nieces and nephews. The law firm mailed copies of the will to each family member and we all suspect foul play.
My question is: Does the law firm that was entrusted with my uncle's will have any responsibilty to ensure that my uncle, the executor, is executing the will according to instructions? What action should my mother take?
Thank you for your time and consideration of this problem.
1 Answer from Attorneys
Re: Law Firm Responsibility of Will Executor
I am sorry for your family's loss. Your uncle, the Executor, should have or will file a probate action for your uncle's estate, which should include petitioning his appointment as Personal Representative of the estate. Once appointed, the Personal Representative should file an Inventory within 90 days of being appointed Personal Representative. The inventory must list all property, including real estate and personal property, and include values as of the date of death. The inventory should be mailed to all beneficiaries - those named in the Will. Have your mother draft an inventory and compare the same to the one received by the Personal Representative. If your mother has an objection, she can file one with the court. Generally, the Will does not include every item of property, unless attached thereto or a list is found near the Will. The law firm may or may not know the contents of the list, therefore, there would not be liability. If you believe there to be foul play, notify (in writing) the law firm that represents the Personal Representative.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
