Legal Question in Wills and Trusts in Arizona

the lady we were taking care of passed away 4 months ago, we are not related to her, her son is the executer of her will which she used a kit will from the stationary store. the will was also notorized with 2 wittnesses. she left us the house, already paid for, and 60 acres property in oregon. she left her son antiques and other land. we have been residing with the lady for past 3 years up to now. ive received mail there for 3 years. this is my residence. the cops come and tell us we cannot go on property, they locked us out with chains and padlocks, we will be arrested if we go on property. all of our stuff is in the house. we are supposed to request police escort to get our stuff. does the son have to go thru the eviction process to remove us from the proprty? and can the police just kick us out on the streets all in a days time? what is the legal process the son should have to go thru to remove us? i'm sure there is one.


Asked on 9/11/10, 12:43 pm

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

you should retain legal counsel so that you can regain occupancy of the house and all other property left to you in the lady's will. The "executor" does not have legal authority to act on behalf of the estate, without first going to court and opening a probate for administration of the estate and for appointment as personal representative of the estate. If the son has not done this already, then you should take action to probate the will and get a court order for possession of the house. You did not mention what legal authority the police cited when evicting you from the premises and telling you that you would arrested if you came back to the property. Any legal proceedings would require that you get notice and have an opportunity to defend against any claims made against you. If the son is contesting the will made by his mother leaving property to you, then certainly you will need to retain counsel to fight that contest and prove that the will is valid and binding upon the court.

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Answered on 9/16/10, 1:23 pm


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