Legal Question in Wills and Trusts in Arizona

My Mom is a Hoarder who also has early onset Alzheimers. She now rents two large shops to store these worthless items. (two thousand dollars a month rent) She thinks it is a business. She willed this to me.This is her only assets.There is a long term lease. I told her I did not want it. But she won't listen. I do not want to go through costly probate to dispose of all this garbage hoard. What are my options? After my Mom dies, and I disclaim this hoard , does it auto succeed to burden my children? Is there a way I can disclaim this hoard and force it be willed to one of my siblings who do have the finances to dispose of this hoard?

Asked on 4/02/13, 9:10 pm

1 Answer from Attorneys

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

No one is forced to inherit anything, so neither you nor your children will be burdened by the hoard.

Because you state that your mom has dementia, you (and your siblings) should petition the court for appointment as her guardian and conservator, if for no other reason than to stop the hoarding and the rent of $2,000/month. More important, you should have the legal authority to make medical, personal and business decisions for her, to take care of her and to prevent any exploitation of her financially. You say that the hoard is her only asset, but she has income to pay the storage charges, and should be protected at once. You should consult with an experienced attorney, it does not cost a lot to establish the guardianship/conservatorship.

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Answered on 4/03/13, 12:57 pm

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