Legal Question in Wills and Trusts in Arizona

in 2007 my brother pat was the personal representative of my grandmothers estate.My brother scott and i found him stealing money on march 17 2010 the judge removed pat and made me the new personal rep my name is dan . problem is pat drained the estate account,i have accounting records that prove my brother pat took over 50,000.00 how do i motion the court for a judgement against pat for that money


Asked on 6/23/10, 2:37 pm

1 Answer from Attorneys

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

You need to file a complaint or petition with the court that appointed you PR of the estate, the probate division of the superior court. You must then prove your case, and if you are successful, you can ask the court for return of the money, penalties, and loss of his inheritance. You would be well advised to employ legal counsel to do this for you, it is an appropriate expense of the estate and you can be reimbursed for the legal fees and costs or use estate monies for this purpose.

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Answered on 6/23/10, 6:35 pm


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