Legal Question in Wills and Trusts in Arizona

Re: Not Married, died with a will

Your problem is multi-faceted, and you pose a long list of questions. I will do my best to give a short response within time limits. Bottom line: see an estate attorney to review all the facts. You have done a good job of posing the questions, but some of them cannot be answered without more facts.

In a small estate you can collect monies due, etc. and receive bank accounts with affidavits of collection. You might need a law office to help you. Do you have to open probate? It depends on the nature of these claims your boyfriend has.

Can you file lawsuits on behalf of the estate? (Not on his behalf, he is dead.) That depends on the type of lawsuit. Breach of contract? Personal injury? We do not have the information.

I cannot answer a question about what you can do about property not transferred to him without knowing what kind of property, what are the surrounding facts, what kind of documentation do you have?

Is there a reason you do not want to give siblings a copy of the will? Do you have something to conceal? Did your boyfriend have any children or parents who are alive?

This is why we offer what most law offices do not, a free initial consultation to see what the complete facts are, look at the documents, see what needs to be done and what we would do, and what it would cost. There is no obligation or charge. Call 480.835.1500 if you want to get full answers. In fairness I cannot give accurate opinions without an office visit to be more thorough.

Best regards,

James D. Jenkins

Re: Not Married, died with a will

If the estate value is less than $50,000, no probate is required for the distribution of the assets in the estate. However, since you want to pursue litigation and need the authority to do so, as well as make other claims on behalf of the estate, you must petition the probate court for appointment as Personal Representative. With the authority of PR, you can then collect the assets/monies that are owed to the estate, you can carry on the lawsuits, you can make new claims/suits, etc.

When you seek appointment as PR, you must file the Will with the court and give notice to his 2 siblings. Therefore, I would be proactive and notify them that you are seeking appointment, send them a copy of the will, and let them know that they are not named beneficiaries in the will because your fiancee was devoted to making sure that you were secure in the future.