Legal Question in Wills and Trusts in Arizona

Can the Personal Representitive make any decision that has to do with the will i

Well i inhereted all of my grandmas will and my uncle says it will take up until i am 18 to get all the stuff that is legally mine. So i was wondering how long does it take them to get through the legal process of getting me my valuables. Also can he make the decision for me even if thats not the one that i want. Also one more thing is he allowed to live in the house at the time all of this is in probate?


Asked on 9/28/04, 3:14 pm

1 Answer from Attorneys

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

Re: Can the Personal Representitive make any decision that has to do with the wi

There are many questions raised by your questions and statement of facts. The Personal Representative is a fiduciary, which means that he has an obligation of trust, fairness and loyalty to those interested in the estate of your grandmother. He cannot use the assets of the estate for his benefit, that is a violation of his duty and the probate court can penalize him for wrongdoing and/or remove him as PR. If you are not of legal age, the assets in the estate, when ready for distribution, should be placed in a conservatorship (safe keeping until you reach the age of 18). You can ask the court for partial distribution now if there is a compelling reason for you to have the money, ie. to pay for school tuition. You should obtain counsel right away if you think that the Uncle is using or taking the assets of the estate for his own use and benefit. The probate process takes whatever time is necessary to assure that the debts, claims and taxes have been paid according to law and that the assets are ready to be distributed according to the Will. Some probates are done in 6 months, some take longer, it depends upon who is fighting over what.

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Answered on 9/28/04, 3:43 pm


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