Legal Question in Wills and Trusts in Arizona
rights of beneficiaries and executors responsibity
Do I have the right to know what and how the executor is doing in regards to my mother's will. Is the executor suppose to keep the children informed of what she is doing? The executor is keeping my mothers things and has not said anything about them, and my mom's car was not mentioned the
the will, so what happens to that?
What happens to the stuff not mentioned in the will?
2 Answers from Attorneys
Re: rights of beneficiaries and executors responsibity
Anything that is not distributed under the will goes to the heirs at law. The executor has a fiduciary obligation to the devisees (heirs). You can view the probate file by going down to the office of the County Clerk which will give you the status of the estate. If the executor is not doing the job, then you can hire an attorney and request the judge to appoint you executor.
Re: rights of beneficiaries and executors responsibity
Do I have the right to know what and how the executor is doing in regards to my mother's will?
Yes. Request an accounting in writing. If she has an attorney, request it of the attorney. If she doesn't account for every penny of funds and all property, file a motion with the court for a hearing. You may need an attorney to do this.
Is the executor suppose to keep the children informed of what she is doing?
Yes, in a reasonable and timely fashion. See above answer. She must file an inventory of all property and assets of the estate, and an accounting of all expenses.
The executor is keeping my mothers things and has not said anything about them, and my mom's car was not mentioned the
the will, so what happens to that?
If the will was professionally done it will state somewhere "all the rest and residue" which is a catch-all for all the rest of the assets or property. If the will does not have a residuary clause, see Mrs. Smith's answer posted. She is correct, it goes to the heirs at law. Again, we cannot judge these things without a review of the will, and we don't have it, so show it to an estate attorney for a proper opinion.
What happens to the stuff not mentioned in the will?
See above answer.
Good luck and best regards.