Legal Question in Wills and Trusts in Arizona

Your rights depend upon what is going on. If your step sister is Personal Representative of your father's Estate, then I would assume she was nominated as such under his Will, as she would not have priority under the intestacy statute dealing with the Estate without a will. As an heir of the Estate, you have the right to notice as to what is going on; you should give a written request for notice to the Personal Representative (Executor/trix) and file the same with the probate clerk to document your request. You should be able to have access to the Will that is being offered as you father's last will and testament. From there, you will be able to determine what your father desired, and thus your potential rights.

As the Personal Representative, your step-sister has a fiduciary duty to the Estate. If you have reason to believe, and proof, that she is mishandling the estate, then you can petition the court to remove her from that position.

Because you did not state that your father has passed away, I will give you a response assuming that he is alive and legally competent. His Will does not speak until he dies, and then, when he does pass, someone has to open a probate, submit the original Will, and ask the court for appointment as personal representative/executor(trix) of the estate. Even if she is named as his choice to serve as PR, you can apply for the position and tell the court why you should be appointed and not her.

A power of attorney terminates instantly upon the death of the person giving the power of attorney to another. It would also terminate as soon as the principal is deemed to be incompetent/legally incapacitated, unless the power of attorney is Durable.

The probate court, division of the Superior Court, is the place where you can ask a court to review what a person is doing under a POA or as representative of an estate, and determine if there is wrongdoing, and to stop it and penalize the wrongdoer. Depending upon the facts, there is a number of actions that you might take. You need more than suspicions.

If your father is alive and competent, then ask him to appoint someone else to these positions of authority, or set things up properly so that you can have access to information and be assured that your father is not being exploited by anyone, and that all the heirs are treated fairly. Do not delay doing this.