Legal Question in Wills and Trusts in Arizona
Probate Personal Rep.
My sister who got herself appointed as personal rep. never said she lived in Canada and the house is in Arizona. she (for a year) has done nothing but leave it to be vandalized and destroyed. I've had to go do yard work and nail things back up. The garage door has been stolen and so has the copper plumbing. Windows broken, front door kicked in and wall busted out.
Can she be removed as personal rep.? And will this cost alot of money? When she flys out she charges it to the estate. There are 5 of us heirs. 3 of us want her out, 1 doesn't care one way or another and she is the 5th who only acts in her interest, No One else's.
2 Answers from Attorneys
Re: Probate Personal Rep.
Yes, she can be removed. This involves going to court. I suggest you hire an attorney to help you.
Re: Probate Personal Rep.
You can certainly ask the court to remove her as PR and request the court to appoint someone else. You have stated several reasons why she should be removed, ie. because she has failed to protect the assets of th estate and she is causing unnecessary expense to the Estate. You should take action at once and should retain counsel to advise you.
Did the deceased pass away in AZ? What are the other assets in the estate? Your sister could be penalized/surcharged if you can show that she breached her fiduciary duties and damaged the estate and the interests of the heirs.