Legal Question in Wills and Trusts in Arizona
mother died in arizona in 2010.She did not make a list of her personal belongins in her will or revocable living trust.who gets what
1 Answer from Attorneys
Only assets that were conveyed/funded into the trust, are controlled by the terms of the trust. If the trust agreement does not provide for specific items to go to a specific person, then the general provisions determine what each beneficiary of the trust will receive. It becomes the responsibility of the trustee to give each beneficiary his/her share, in cash or in kind, and to do so honestly and fairly, and without any favoritism to any one beneficiary. Failure to do so, can be objected to in a court action. Often times, if there is conflict among beneficiaries as to who gets what, the trustee might choose to sell all personal property and simply divide the proceeds of sale. It is in everyone's best interests to value each item fairly and then cooperate to divide the property.
The same would be true of any assets your mother owned individually, and did not put in the trust. It is the PR's responsibility to pay the bills, the claims, the taxes, etc. and then distribute the proceeds to the heirs.