Legal Question in Wills and Trusts in Arizona
never notified of time limit to contest will
The will is in probate & now ready for distribution.when we recieved packet it stated we had 1 month to agree with this and the claim would be closed. 1 person objected. 1 person was never notified of paperwork and none were notified in writing that we had 4months to object. the court extended to a summary of hearings in a month. now what. The personal rep now says if we continue she will ask for things she has givin us back. can she threaten us like this and does she have to give us a 4month window? thank u
1 Answer from Attorneys
Re: never notified of time limit to contest will
You have not provided enough information to understand what is really going on in this probate. It seems clear that you and the other heirs should have counsel, perhaps you can join together to hire one lawyer.
The 4 month time period usually is the creditors' claim period, that is, a creditor has 4 months from the time notice is given that the decedent's estate is in probate, to make its claim or the claim will be barred.
The Personal Representative owes a fiduciary duty to the heirs and to the creditors, which means that the PR must treat everyone honestly, fairly and without any conflict of interest (including the fact that the PR may also be an heir, and cannot prefer her interest over anyone else).
The PR cannot threaten you for any reason. You should object to the action of the PR in the probate court and bring your objections to the attention of the judge. You can ask for the PR to be removed, or sanctioned for wrongdoing.
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