Legal Question in Wills and Trusts in Arizona

Can I have my sister arrested for removing my property from my deceased parents property which I had permission to use prior to their deaths. She refuses to tell me where she took my property. Also her children are living in my parents home without permission can I make them leave


Asked on 1/17/11, 6:21 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

You have not stated if a probate of either of your parents' estates has been opened or under what legal authority your sister is acting. Without knowing the answers to the foregoing, I cannot directly answer your questions. I can state in general, that the person acting as Personal Representative (Executor is the same thing), must be appointed by the probate court and as such, owes a fiduciary duty to all of the heirs, and cannot treat the assets of the probate estate as her own, or prefer one beneficiary or heir over the others. If no probate has been opened and she was not appointed by the court, then you should open the probate cases, and ask to be appointed personal representative of each estate, and then you would have the authority to get her children out of your parents home and force her to return any property that shshe has wrongfully taken. You should consult with legal counsel immediately to learn how all of this is done.

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Answered on 1/23/11, 8:06 am


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