Legal Question in Wills and Trusts in Arizona

My name is Mary (Sekiya) Hula. I am an Heir to the estate of my late father Leopoldo Sekiya.

My brother, Edward Sekiya, the executor of the estate, has closed out the estate without passing on any of the proceeds of my father's estate, including $44,000 in my Father's checking account & a Town House in Sun City, AZ.

My brother would never call me nor keep me informed as to the progress of the estate. I assumed he was being honest with us, but have since found out he filed a closing statement with the court and closed the case.

Should I file a claim against the state? I called the Probate Court to find out, but they would not help me. Please tell me what course of action I, and my 5 other brothers & sisters need to take nex.

Case #: PB2006-002423 Judge: Barth, Michael Plaintiff: Leopoldo Sekiya

Sincerely,

Mary Anita (Sekiya) Hula

35 Fontaine Dr.

Clarksville, Arkansas 72830


Asked on 10/29/09, 10:50 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

You need to take immediate action to object to the closing of the estate and the administration of the estate by your brother. Hopefully, less than 6 months have passed since your brother filed the closing statement. How did you find out that a closing statement was filed? Did you receive notice of any probate proceedings? Did you receive an inventory? You don't state what was in the estate, other than the cash in the checking account, nor do you state whether your father had a valid Will.

If your brother has wrongfully taken everything for himself, you can seek penalties against him, and he could lose his share of any inheritance he may have received. Get your brothers and sisters together and take action now.

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Answered on 11/03/09, 1:39 pm


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