Legal Question in Wills and Trusts in Arizona

I am one of four siblings. My father preceeded my mother in death. I was made executor to my mothers estate. Her will stipulated that we split the assets. We agreed the stocks be cashed in and split up. My youngest brother decided he wanted the family house, so we set it up through a title company to carry him for 3/4 of the value of house in its as is condition, after his 1/4 of the stock cash in went towards the purchase of the house, minus his 1/4 value of the house.
Long story short, I left some of the family valuables in the house that had been packed up and going to be placed into storage until we decided how to divide it up. The brother that took possession of the family home, stated the packed up items would be safe with him until I got them moved to a storage facility, to be later divided up.
Well, he has managed to get himself into financial trouble, and is going to lose the house. We had parted ways a few years ago due to arguments over his financial irresponsiblity. My question is, do we as heirs to the estate, or me, as executor, still have any legal standing with regards to the items he still has that belong to my parents? His position is that of possession is nine tenths of the law. I am referring to items that are family heirlooms/antiques handed down through several generations of the family. I had gotten a large library of antique books out of the house originally, and placed then into refrigerated storage, for preservation purposes, and have personally incurred the costs, not passing that debt on to my other siblings.

Asked on 5/24/12, 1:37 am

Joyce Johnson-Stovall Johnson Stovall and Associates PLLC

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If you have filed a petition to probate the will, you can file a request with the court to have him return the items.

Answered on 5/24/12, 5:12 am

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