Legal Question in Wills and Trusts in Arizona

What is the statue of limitations on Wills in arizona?

My father died in July of 2006 in Arizona with a Will. My brother; the Executor; is inacitve (apparently as he keeps procrastinating and saying "he needs to work on it") in his efforts to resolve the will. (This is in the hands of a will/probate lawyer that my brother has been dealing with, since the summer of 2006.) My brother says the probate part is completed.

My fear is that the time will run out (that is my question here-in) and I will see nothing. (Or he has already setteled it and taken all the inheritance.

Thank you, R. Bell.


Asked on 1/04/10, 11:34 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

You should hire legal counsel at once and determine if the probate case has been closed and when. You should have received notice of all the probate proceedings, all items filed and the orders of the court. You need to find out if your father's Will was ever filed with the court. You should also find out who the lawyer was that represented your brother and determine if he knew of you and your whereabouts. As a general matter and without more facts, it looks like your brother opened and closed the probate and took everything for himself and is just putting you off, thinking that you will never take action on your own. The court should be notified that this probate case needs to be reopened and reviewed by the judge. I would not be surprised to learn that your brother never filed your father's Will with the court.

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Answered on 1/09/10, 1:03 pm


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