Legal Question in Wills and Trusts in Arizona

my mother passed a month ago and all she really had was a truck worth around $10,000 there are seven children 5 of us decided to let the eldest sell the truck to pay for mothers bills and help take care of our sister who is mentally disabled, one of my sisters got the truck title transferred to her and we believe she will not take care of the bills, and will probably leave town with it.

what can we do, she has a charge against her from someone else for conversion.

thanks caroline


Asked on 6/14/11, 1:48 pm

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

There are a number of things that you can do, and you must act quickly before she leaves town or sells the truck. You do not say if she has possession of the truck. You can make a complaint to the police against her for theft of the truck (fraudulently obtaining title to the truck) and that may stop her in her tracks. The estate of your mom, not her heirs, is responsible for the bills and what you describe as your plan to pay the bills and take care of the disabled sister is commendable. It would not require a probate to do what you want to do, but you must get possession of the truck and clear up the ownership and title issue. You do this by filing an affidavit with the probate court. I would be happy to consult with you, if you want some legal advice and direction.

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Answered on 6/14/11, 1:59 pm


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