Legal Question in Wills and Trusts in Arizona
Who has power?
My Grandma recently passed. She left no formal will or power of attorney. Now my mother is trying to take more than equal of my grandmothers assests. My grandmother has always stated she wants everyone to have 5 equal parts. What power do I or the rest of the family have to exicute her wishes? How can I get power of attorney now?
1 Answer from Attorneys
Re: Who has power?
You cannot get a power of attorney for a person who is deceased. You can apply for appointment as Personal Representative of the estate of your grandmother. The personal representative is incharge of the deceased person's estate, to pay her bills and expenses, taxes and claims. The balance remaining would be distributed by the PR to the heirs at law, which is determined by State law. If you grandmother did not make a Last Will, then State law determines who gets what share of her estate, without regard to what she told you during her lifetime.
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