Legal Question in Wills and Trusts in Arizona

Wills

I and my husbands neighbor passed away a week ago. He had no will but his plan was to have us be the executor on his estate. He was never married or had kids. He has two sisters which he hated and did not want anything going to. Since his death his sister has been coming to his house and taking all his property out of it. We have about 20 witness saying what his intentions were. We were wondering if what they were doing is legal, and do we have any grounds to fight his sister being that there are so many people who knew that his wishes were for us to handling his estate after he passed.


Asked on 1/26/09, 9:24 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: Wills

Telling friends and neighbors what your "wishes are" is of no force or effect. With no Will, state law controls and determines who should serve as personal representative of an estate and who are the heirs at law.

You could take some action to bring the situation to the attention of the Probate Court, but the expense and legal fees could be expensive.

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Answered on 1/27/09, 10:31 am


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