Legal Question in Wills and Trusts in Arizona
No will/ estate
My cousin filed for application for informal appointment of Personal representative. In the from it says an heir of decednt wishing to contest the probate has 4 months from receipt to commence formal testacy proceeding. Does this mean that she can do what ever she sees fit for my aunts property. She told people that she was leaving everything to me and my cousin and I feel she is trying to do something so she gets everything. What rights do I have
3 Answers from Attorneys
Re: No will/ estate
No, the personal representative cannot do whatever she wants. She has to follow the law. If there was no will, then the assets are distributed according the laws of intestacy. Was your aunt married? Did she have kids? More information is needed to determine what your share would be.
Re: No will/ estate
You have the right to appear in the case and receive notice of all action taken by the court. You may also take action to object to the appointment of your cousin as PR, and ask the court to appoint you as PR or to appoint an independent 3rd party to serve in that capacity. Is there a Last Will? The Probate Court is there to supervise the administration of the estate of your Aunt and approve or disapprove of the action taken by the PR. The court is only able to supervise those actions that it is informed about, and relies upon the other heirs to bring to the court's attention if there is any wrongdoing.
Re: No will/ estate
It sounds like the personal representative may not be handling things properly. Contact an estate attorney to protect your rights. You are entitled to an inventory and an accounting. You are entitled to notice of proceedings, but have probably not filed the proper papers yourself. See an attorney.
We offer free, no obligation consultations, by phone if you are out of town. Also, see more information at our blog at JenkinsLawCenter.blogspot.com
Best regards,
James D. Jenkins
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