Legal Question in Wills and Trusts in Arizona
Sale of an Inherited property-Arizona
My grandmother's foster mother died and willed her property to be given to my grandmother's children or their survivors The 8 surviving adult children could not come together with a decision on what to do with the property. A company has been buying the shares, they bought out 6 of the 8 shares. The last two share belong to my dad, now siblings and my share, the other share to an uncle who died in 2002. As far as we know he did not have children and was divorced. I have negotiated my dad�s share. The company and I have agreed on a price. We were ready to sign the purchase agreement when the company decided that I was negotiating my dead uncles share and my dad�s share. I corrected them, said I only represented my dad�s share, not my uncles share. Now the company said that they will not give me my dad�s share since the property in �encumbered� unless I can find my uncle�s power of attorney or become his personal representative. I am not sure what to do. If I contact the other 6 siblings, I may never see my dad�s share. They would never agree to one decision and would drag this out for years. Should I petition the court to become the personal rep. for my uncle and negotiate his share so that I can get my dad's share?
2 Answers from Attorneys
Re: Sale of an Inherited property-Arizona
If the 6 others have already sold their shares, it would seem that they have no interest in what you do. A power of attorney has no effect after someone dies. You must be appointed personal representative of your uncle's estate in order to have legal authority to act on behalf of his estate and his heirs.
Re: Sale of an Inherited property-Arizona
You can petition the court to become your Uncle's personal representative ("PR"). You'll have to notify your other aunt's and uncles of your application to be PR. If they don't object, then you'll be PR and you can sign the papers to sell his share. Then you'll have to distribute the proceeds of his share to his heirs.
You should hire an attorney to help you with this.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
