Legal Question in Wills and Trusts in Arizona

My Mother died in Arizona 1/1/09. She left an Estate in approximate at $500,000. My half-brother was chosen as the Executor. I have been emailing and calling him for close to 9 MONTHS for a copy of her Will and her Revocable Trust--all to no avail. I called the bank where a copy of the Trust is located, and have been told that I am not listed as an heir with regards to the Trust. My situation in terms of her Will is not fully known. My half-brother has already had her Estate probated ENTIRELY WITHOUT my being notified. Is there any recourse I have in terms of placing a lien on the two houses she left him or the bank assets?


Asked on 9/28/09, 1:24 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

No, You have no standing to place a lien on anything. You can object to the closing of the probate estate, but on what grounds I am not certain. You may not have been included as an heir or as a beneficiary of the trust, and therefore you would have to no interest in the estate or trust and not be entitled to notice. If you are going to contest the situation and claim that your half brother unduly influenced your mother or defrauded your mother into cutting you out and leaving everything to him, you have to do some quick work to find some support for that theory and you must act quickly to avoid the statute of limitations on any claims that you may have.

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Answered on 10/03/09, 3:13 pm


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