Legal Question in Wills and Trusts in Arizona

Mother and Father's will state that their house will be distributed among all their children, but one brother the 'Trustee' has moved in the house and changed locks and will not pay rent or do anything to get the house sold and will not move out, what is my Legal course of action. The Lawyer that prepared my Parentl's will is friends with the Trustee, and the Lawyer will not take any calls, specially since I'm in Texas and the property is in Arizona. Please help me.


Asked on 12/08/09, 2:59 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

You should retain AZ legal counsel to file a petition the probate division of the Superior Court to remove the trustee/brother and to account for his actions regarding the estate of your mother and father. You state that they had a Will which provides for distribution to all of the children, but you did not say if both parents have passed away, if a probate case has been opened and you did not say if they had a trust. If there was no trust, only a will, then the brother would most likely be acting as Personal Representative or Executor of the parent's estate. If the property is in a trust, then indeed, he would be acting as trustee. In either case, you can ask the court to remove him as Personal Representative of the estate or as trustee of the trust for his failure to observe his fiduciary duties to the estate and to the heirs and beneficiaries.

Do not hesitate, you need to take action at once. You are not disqualified from taking legal action because you reside in Texas, and in general, you can make court appearances in AZ telephonically, as well as in person. It is certain that the attorney will respond to calls from another attorney representing you in this case.

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Answered on 12/13/09, 1:16 pm


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