Legal Question in Wills and Trusts in Arizona

Question about Probate

Mother passed away age 80.

Annunites and bank accounts had all four children as beneficiaries.

Mom had simple will signed in 1988. Assests to be distributed equally among all four children.

Mom owns property in another state, been in family for 70 years.

Eldest daughter is executorex. After receiving questions from other children, she wrote a letter stating mom wanted her to have the property and she plans on putting it in a trust and getting some historial status on the home. Nobody has lived in this home for 30 years, it will cost hundreds of k's to refurbish, if it can be refurbished.

Nothing in the will states she gets the property.

She is also giving away property and nothing has been inventories. She is giving away jewelry and vehicles to her favorite siblings.

Since you can't split property 4 ways and mom is the only person on the deed, doesn't the property need to go into probate?

And if so, will the family lose the property and be required to sell it?

The executorex is the only one who wants to refurbish and go the historical route.

Any advise on moving forward is appreciated.


Asked on 1/26/09, 5:46 pm

1 Answer from Attorneys
Brian Blum Blum Law Office, PLC

Re: Question about Probate

Whether or not you need a probate depends on the value of the assets. But, here since the executrix isn't following the will, you should open a formal probate yourself and ask the judge do appoint you the executor. This is probably something that you should hire an attorney for. Good luck.

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Answered on 1/26/09, 5:59 pm


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