Legal Question in Wills and Trusts in Arizona

will/inheritance

I'm unemployed and unable to find work. My Aunt died in January and I one the beneficiaries of her estate. I have been bequeathed 25 percent. This is not in question. Her house is fully paid for and is going on the market. Her furniture and possessions are being sold now. She has over 100,000 in savings and over 40,000 in checking. I have tried to talk to the executrix of the estate about some kind of stipend or something that I would later pay back to the estate or be deducted from my portion; something to keep me from having to live in my car in the meantime and I am getting nowhere. Do I have any legal recourse here?


Asked on 3/16/09, 5:26 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: will/inheritance

The executrix owes a fiduciary duty to the creditors of the estate, as well as to each of the heirs. Is the executrix also an heir? If so, she must give loyalty to the others before preferring her own interests. She also has a duty to gather and protect the assets of the estate.

You could bring an action in the probate court to seek a partial distribution of the estate to the heirs. This would be more likely to succeed if all of the heirs agree to this distribution, before the entire estate is settled.

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Answered on 3/16/09, 6:03 pm


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