Legal Question in Wills and Trusts in Arizona
Fullfillment of last wills and testaments
my grandmother died in 1982. in her will were 2 codicils to the first born grandaughter of the clan and the first born grandson to the clan. the first born grandaughter was paid and her inheritance went towards college. the first born grandson has yet to be paid.the codicil went to the executor who died and then the next executor refuses to release the inheritance and has even informed the grandson that he will be cut out of her will including the codicil from his grandmothers will. how can i pro-se an action against the executor of the will from deleting the grandsons name from the will of his grandmother
1 Answer from Attorneys
Re: Fullfillment of last wills and testaments
A personal representative or trustee cannot change the will of a testatrix, and is duty bound to carry out the terms of the will or trust according to its terms and the law. If that person refuses to do so, an action can be filed in the probate court to enforce the estate plan, or remove the fiduciary. Get an attorney. I doubt you will be able to accomplish this "pro se," as you indicate.
It is, of course, impossible to give proper opinions on documents that are not available for review. Be prepared to show the will, trust or whatever it is, with all correspondence and supporting documents to the attorney. Consultations in our office arranged at 480.835.1500 are free with no obligation.
Best regards.
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