Legal Question in Wills and Trusts in Arizona

Re: Step children vs. fathers wife with no will

Charlene,

You find yourself in a classic situation, the children of the first marriage against the surviving spouse. It is a shame that much of the conflict could have been avoided, if your husband died with a Will. When there is no Will, then AZ State Statutes determine the distribution of the estate and your rights to share in that distribution. The Probate Court supervises the administration of the estate by the Personal Representative (or co-PRs) to be sure that all parties' interests are protected.

I do not know why you were forced to be co-PR with one of the children, it is up to the Court to decide who should be appointed PR. If you were appointed co-PR, then the attorney representing the co-PRs owes a fiduciary duty to both PRs and cannot do the bidding of one over the other or be changed by one co-PR alone. The action of the co-PRs must be agreed upon by both. This makes for a difficult situation. It should be clear to the attorney who "the client" is, and likewise, to the PRs. The actions of the PRs is subject to the approval of the Court and if there is any wrongdoing, it should be reported and resolved by the Court's orders. The sale of any assets in the estate must be approved by the Court as well. It is up to the Court to determine what action is appropriate to protect the interests of all of the heirs, including decisions about the sale of assets in the decedent's estate.

You should have your questions answered by the attorney representing the PRs, and he should tell you what your duties and obligations are as fiduciaries in the probate process. It sounds like you should have separate legal counsel, so that you can obtain advice on your separate behalf, in order to resolve the issues you have raised in your question about the sale of assets, alternative ways to resolve the questions, and how you can receive support during the administration of the estate. It is important to know exactly what the assets are in the estate, how the assets are titled and what are the liabilities, debts, tax liability and so on. You need to get all of the facts and then get some separate, competent advice.