Legal Question in Wills and Trusts in Arizona

My father died about 2 years ago, his wife passed away about 6 months ago. Her daughter (no relation to my father) has taken control of the estate (not legally the executor). Her daughter has taken control of all of my fathers possessions and refuses to give any to my fathers children and her own siblings. There are possessions that he came into the marriage with, that were from his marriage with my mother. Is this legal?Is there anything that I can do?

Asked on 9/21/13, 10:50 pm

1 Answer from Attorneys

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

You have not provided crucial facts. Was there a probate of your father's estate? Did he have a will or trust? Did his wife have a will? Is there a probate opened for the wife's estate. You could immediately file your application to be appointed personal representative of your father's estate and/or perhaps, his wife's estate. This way you would have legal authority to administer the estates according to law, and to gather up the assets and protect them until the court determines who are the lawful heirs. You could also seek sanctions against the daughter.

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Answered on 9/22/13, 4:21 am

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