Legal Question in Wills and Trusts in Arizona
My mother passed away in May in Arizona where I moved from Iowa to take care of her. The lawyer she had is from IA. There are 3 children (adults). I was named in her will as executor since I am the oldest. Everything was listed as transfer or pay on death except the mobile home which she bought when I moved here. The lawyer is trying to find out if an estate has to be opened but it seems to be taking him forever. He tells me I am not the executor unless appointed by the courts if an estate is opened. What can we do to hurry him. I was paid a small salary to take care of mom, but now that she is gone I could really use some of the money she left in her portfolio.We would just like to get on with this. It has been 2 months. We need to sell this place since I can't afford the lot rent. Please help. Do we have to tell him how much money was in her portfolio?
1 Answer from Attorneys
You should hire an AZ probate lawyer to advise you in this case. The IA lawyer is correct in saying that you are not the executor, nor do you have any power or authority, until a court has appointed you to serve in that capacity. If "everything" was held with a pay on death provision, then those assets are automatically owned by the designated recipients by operation of law and only require that you deliver a certified copy of the death certificate to the account holder, so you and your syblings would have access to those assets at once.
If the value of the mobile home is less than $50,000, title to the mobile home can be transferred by filing an affidavit with the probate court, no probate procedure will be required.
I would be happy to consult with you for a one time fee, to look specifically at the accounts and assets of your mother's estate and advise you how to proceed.
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