Legal Question in Wills and Trusts in Arizona
Trustee listed on Death Certificate refuses to communicate
My father died 7 months ago but I did not find out until
3 months ago. We got into a huge argument when I was a
teenager and last spoke to each other in 1979.
I obtained a copy of his death certificate and it showed
a man listed as trustee. I wrote a letter to this man
over a month ago asking if there was a will and if my fathers estate had been taken care of. I have received
no reply from the trustee.
Is the trustee required to answer my questions? What
should I do next?
2 Answers from Attorneys
Re: Trustee listed on Death Certificate refuses to communicate
You can look at the probate court files and see if a probate was opened or any other action was taken with the court in the county where the decedent resided. If you get no response from the "trustee," you can file a complaint in probate court to obtain information about the trust, get a copy of the trust agreement and learn if you are a beneficiary of the trust.
Re: Trustee listed on Death Certificate refuses to communicate
It is likely that you were excluded from the estate plan, otherwise you would have been contacted if your whereabouts were known. But you will not know that unless you receive a copy of the will and trust. As a child of the decedent you are entitled to a copy of the will and trust. Make another request by certified mail to the trustee. Are there no other surviving family members? You have no siblings? If the trustee or personal representative does not respond you have remedies, but probably will need an attorney. Unfortunately many trustees or personal representatives do not seek legal advice, and believe in their own mind that they do not have to comply with these requests. However, their duty is stated in Arizona law. If no results are obtained, get a lawyer.
Good luck
James D. Jenkins