Legal Question in Wills and Trusts in Arizona

My father-in-law's 2nd wife died 3 years ago. She left their house to 5 of us (including the executor who is her son) How do I get her executor to disburse my 1/5 of the house left to me. Her attorney, Ted Updike of Mesa, AZ, will not return calls and/or just says that he's "working on it." and how the son is now trying to buy that house that he moved into 3 years ago without paying any rent to siblings. He bought the house from trust funds.


Asked on 10/30/12, 12:34 pm

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

You must take action at once to achieve your goals, and you can do so by filing an action in the probate division of Superior Court to force the Personal Representative of the estate (Executor) to administer the estate according to law and to perform his fiduciary duties owed to each of the heirs. Similarly, if he is trustee of her trust, you would ask the court to enforce the provisions of the trust agreement. In each case, you would ask for an accounting of what he has done with the assets and income of the probate estate and/or the trust assets. He is not allowed "self dealing" or breach of his fiduciary duties owed to heirs and beneficiaries.

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Answered on 10/30/12, 12:43 pm


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