Legal Question in Wills and Trusts in Arizona

Re: Trust

The answers to many of your questions would be found in the trust agreement created by your father. You must use the proper names of the people involved for me to understand your question. For example, an executor is the personal representative of a decedent's estate and the executor conducts the probate process under supervision of the court. Assets and debts of your father, owned by him individually at the date of his death, are inventoried and that which is remaining after claims and taxes and expenses are paid, would be distributed according to the terms of the will or if no will, then according to state law.

If your father put assets in a trust, the trust agreement controls what happens to the income and assets of the trust and the trustee is the person who controls and is duty bound to carry out the terms of the trust. Trust agreements are private, unless copies are given out. Beneficiaries of a trust can bring an action in probate court to get the court to supervise the administration of the trust. Both the trustee of the trust and the executor in a probate are fiduciaries and owe a legal duty to all of the heirs of the decedent and the beneficiaries of the trust.

Again, the trust agreement determines what expenses the trustee can pay from the trust income and assets. If the trustee violates his duty and pays expenses not authorized to be paid by the trust, then the trustee can be ordered to reimburse the trust.

It appears that you would be well advised to retain counsel to advise your more specifically about the questions you have. Have you made any efforts to find your step-sister?

You appear to state that your grand mother is alive. Therefore, you do not have a right to see her will or a trust created by her or other documents unless she agrees to give you that information.