Legal Question in Wills and Trusts in Arizona

I recently decided that it would be a good idea to move into the house my Mom left to my brother and I with my family. When I asked my older brother as the executor to talk to my mom's boyfriend who we have allowed to stay in the house rent free since her passing he told me he wanted nothing to do with it. So I asked for a copy of my moms will and a copy of the house title that was supposed to be put in mine and my two brothers names. He said he would get it for my and has never followed up. I did some research and found on the house tax site that the house was still in my moms name. Do I have any legal right to ask my mom's boyfriend to leave so that I can take possesion?

Asked on 10/31/13, 3:02 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.
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You should open a probate case. Your mother may or may not have died with a valid Will, and the fact that your brother didn't give you a copy, may be a sign that there is no Will or something else. He is not the executor until a Court appoints someone to serve as Personal Representative of the estate. You have the right to file a petition to be appointed as PR of the estate and take control of the property, however, as the PR, you will be responsible to act only in the best interests of the estate and all of the heirs. It would appear that the boyfriend has no right to occupy the house, however, it is up to the PR of the estate to evict him.

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10/31/13, 4:29 pm

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