Legal Question in Wills and Trusts in Arizona

Probate-Gaurdianship & Conservatorship-- Ward of a case in Arizona is absent since 2009. Can proceedings continue with the living trust being disbursed withholding notice of wards wherabouts and keep continuing collecting fees?


Asked on 1/23/12, 4:37 pm

1 Answer from Attorneys

Joyce Johnson-Stovall Johnson Stovall and Associates PLLC

Oh this is very concerning. If I understand your question, you are indicating that the Ward or Protected Person has disappeared. This information should be brought to the attention of the court by the Guardian. The Guardian is required to file a report with probate administration annually and to include an estate plan which discusses visits with the Ward/Protected Person, the status of health and a number of other issues involving the care and management of the Ward. The Conservator is required to prepare and file an annual accounting which is lodged with Probate Administration. Has this case fallen through the cracks? The Trust is an entirely different matter. The Trustee and Trust Administrator may be entitled to fees for the administration of the trust. Where are the disbursements going if the Ward/Protected Person and also beneficiary of the trust has disappeared? It is hard to understand what fees are being collected unless the fees are associated with attempting to find the ward or administer the trust. In order to assist you in creating a strategy to address your concerns, it would be helpful to know if you are the Guardian/Conservator or in someway related to the Protected Person. If you are interested in calling our office to discuss this issue, kindly contact Stephanie Coulter of this office at 602 462 1004 to arrange a time when we can discuss this situation to see if we can help.

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Answered on 4/26/12, 10:18 pm


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