Legal Question in Wills and Trusts in Arizona
My Mother's will
I have three siblings, and we are all listed in the will to have equal shares of everything. My brothers are co-agents. They have not discussed with me anything regarding my mothers property. I found out they noterized the title and gave it to my sister, she put it in her name. The original title had myself, my brother, and mother on it. I was told by one of my brothers to give it all up, because my sister lived next door to my mother for several years so he and my other brother gave there share to her. I told them that mothers wishes were to sale her property and split it in four way per her will. He told me I was selfish and greedy. I told him that I want my one fourth of the estate. They never discussed any decisions with me. He sent me a nasty email. What can I do?
2 Answers from Attorneys
Re: My Mother's will
Your brothers are obligated to distribute your mother's estate according to her will. You need to check to see if your brothers have opened probate for your mother's estate. If so, the will and the rest of the case file are public record and you should be able to view them. You can check the status, and review the will. A deed signed and notarized after your mother's death would not be valid. If the personal representatives are acting illegally or in violation of the will, you can ask the court to replace them. It would be advisable to hire an attorney to assist you with this.
Re: My Mother's will
Hard to understand how following your mother's will is "selfish and greedy." This sounds serious, and there appears to be wrongdoing that needs to be called to the attention of the court. See an estate attorney. We handle cases like this in all Arizona counties. You may arrange a free consultation at 480.35.1500. Be prepared to bring a copy of the will and all pertinent correspondence and documents with you.
Best regards,
James D. Jenkins
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