Legal Question in Wills and Trusts in Arizona

Re: Personal representative/executor

As I read your question, you can give your sister a proxy vote for the business or excuse yourself as a personal representative of the estate (the votes will then be between the 3 sisters). Excusing yourself should not affect your inheritance rights (unless it's written in your father's will).

Re: Personal representative/executor

You have the right to withdraw or choose not to serve as personal representative of an estate, however, you cannot give your vote to another person named to serve as a personal representative of that estate. The control of a limited liability company is determined by the company operating agreement and if the articles of organization recite that the company is to be manager controlled or member controlled. The personal representative of an estate would be a member of the LLC, but the articles and operating agreement determines who runs the company. Until the estate is closed and ownership of the LLC is distributed to the heirs, the PR controls the LLC.

You do not lose your right of inheritance without regard to your participation in adminstration of the estate.

Re: Personal representative/executor

I do not disagree with the previous answers posted by other attorneys. However, before I released any rights as personal representative, I would have a stipulation in writing with terms agreed upon as to how this matter will be handled. You need an attorney. We offer free initial consultations, which can be by telephone since you are out of state. Call 480.835.1500 to arrange. We are also available to help handle the estate. I do probates in all Arizona counties.

Best regards,

James D. Jenkins