Legal Question in Wills and Trusts in Arizona
Will I recieve my share of my mother's estate
My sister is executrix of my mother's will.It has been almost two yrs. since her death.It went to probate and I am still waiting for my share.I was told by my sister,she could not touch the bank accts.if it exceeded a certain amount.I understood that.All her debts must be paid before any monies could be released.She is trying to refinance the house,I guess to pay my mom's debts.Which I know for a fact,are less than what she had in her bank accts. Now I am told there is no cash.If she refinances the house to pay debts.Will I ever recieve my share from my mother.How can that money all disappear if she is following the law.What rights do I have as an heir.How can I get an accounting of my moms estate.Living so far away I feel I've been cheated.Also why is it taking so long to close probate? Thank-You for your time.
3 Answers from Attorneys
Re: Will I recieve my share of my mother's estate
Hard for me to say from your message whether Arizona is the site of the probate. some probates with difficult issues, such as selling property, may take as long as two years. Is your sister using an attorney? If so, make your inquiries of that person. If no attorney (that may be the problem!) then you should consult with an estate attorney to make inquiries for you. He or she will know the right questions to ask. Without knowing more facts, I cannot give a further answer.
Good luck.
Re: Will I recieve my share of my mother's estate
It shouldn't take this long. You really need to hire a local attorney to protect your interest. You can ask that the attorney's fee be reimbursed from the estate which the judge may grant if your sister is breaching her duties as executrix. Get a recommendation for an attorney in the county in which the probate is being handled to further advise you.
Re: Will I recieve my share of my mother's estate
First, you should become fully acquainted with the terms of the will, and essentially what your rights are under the will. It is also important to know which state is the probate court located on. Also, the probate court should have formed or worked out a schedule or inventory of assets/income and debts/expenses which should give you a fair estimate on the probability of surplus or deficit expected from the inheritance. Some questions are also in order. For example, what is the compensation due to your sister as executrix, did she accept "de gratis", is the house, or are any other assets, currently exploited and is that going into the estate? This is the exercise that may help to explain why, even when your mother had assets in excess of debt, the probable outcome of the partition is a cash deficit.
Usually, both an accountant and an attorney are needed to fully understand the whole scenario. In any case, you should retain an attorney right away if you are suspicious that some irregularities have occurred.
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