Legal Question in Wills and Trusts in Arizona

Re: will not honored

Since there was no will probated within 4 years of your mother's death, the property would be divided under the intestacy statutes. You should hire an attorney (who will be paid out of the estate) to open up an heirship proceeding which will appoint an executor (maybe you) to sell the house and distribute the proceeds according to law. Assuming there is no father to inherit the property, the estate would then be equally divided among the children. I have worked with Abbie Schindler at Gust Rosenfeld if the probate is located in the Phoenix area. If it is around Tucson, Mark Collins at Gust Rosenfeld is also a great attorney. You can find their contact information at www.gustlaw.com.

Re: will not honored

To give a proper opinion I would need to see the will and any documents signed by the siblings. You state there are conditions, unmet by your brother, but do not state what they are.

We offer a free, no obligation consultation which can be done by telephone and to arrange it you can call 480.835.1500. We are reasonable and more affordable than large Phoenix firms in most cases. The fees might be able to be paid from the sale proceeds of the house. I need to know a lot more details to give you the best opinion. Also, we are in Arizona in Mesa, a suburb of Phoenix, and do probates in all Arizona counties. I currently have two cases in court for the division of a house, and have experience in this sort of case. Thanks.