Legal Question in Wills and Trusts in Arizona

My mom passed away on christmas eve, and my cousin was named executor of her will. Now she lives out of state and does not have the resources to fly out here. how can the executor be changed so the esstate can be settled?

Asked on 12/29/12, 5:30 pm

1 Answer from Attorneys

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

Yes, you can petition the court for appointment as Personal Representative (executor) of the estate and your cousin can file his waiver of appointment and consent to your appointment with the court. There are many reasons why the person named in the will refuses or is unable to serve. As executor/personal representative, you are entitled to legal counsel which is paid for by the decedent's estate.

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Answered on 12/30/12, 1:59 pm

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