Legal Question in Wills and Trusts in Arizona

where do I start?

My mother passed away in January. In her will, she left everything to me. I've received her life insurance and have checks from her employer written out to her name, and all of her belongings are packed away in a spare bedroom. But all that doesn't cover the money that she owes for school loans, medical bills, etc. What am I responsible for paying? How do I cash checks made out to her? Her car has a salvaged title and isn't worth much, but how do I gain control over it? I have absolutely no idea what I'm supposed to be doing. Do I need a lawyer? Any help would be greatly appreciated.


Asked on 4/22/02, 6:05 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: where do I start?

Thank you for your inquiry. I am sorry to hear about your mother.

From the information you have provided, it sounds like it might be necessary for you to open an informal probate of your mother's estate. The purpose of probate is to get the court's permission to gather and distribute assets, and to give creditors notice of the death so the legitimate expenses can be paid. Because your mother left a will, the probate should not be complicated. Depending on the contents of the will, you could be named Personal Representative, which means that you would have the ability to open an "estate" account at the bank, process your mother's final paychecks, collect any other sums she might be owed, and gather and distribute her other assets, including transfering the title to her car.

If you would like to discuss this matter further, please feel free to contact me at (480) 792-9770 or [email protected].

Sincerely,

Monica Donaldson

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Answered on 4/23/02, 12:23 am


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