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Hopelessly Lost

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Vicki L

Junior Member
What is the name of your state (only U.S. law)? Arizona

Some background...I am looking for some answers for my adult children, who have had no contact with their father for 20 some years. We recently found out that he had passed away in July, 2011. Prior to his death, his father (my children's grandfather) had passed and he was left some land which he was living on at the time of his death. There was a will, naming my son as executor and splitting everything between my two children. My son was sent a copy of the will, but the lawyer won't give a copy to my daughter and now my son says he's lost it. My son won't go to the state/county where the land is because he thinks he might have a warrant. He's in California, my daughter in Arkansas. If I had to guess, I would say that the estate has very little value >$50,000. Is there anything my daughter can do? Can she petition the court to remove my son as executor since he's not done anything (we found out in Oct. 2011 that he had passed). Can my daughter legally go into the property and retrieve anything of value since my son won't? How long before the state might sell the property for non-payment of taxes? There are two vehicles, can anything be done about them? Any advice would be greatly appreciated. We are also pretty sure that he never changed the title of the property to his name, but the lawyer that did his will also did his father's. I'm sure that adds to the complications of this while thing. Can any of this be done through mail/email or will one or both of the children have to go to Arizona to get this taken care of? Help...please! Thank you in advance!
 


anteater

Senior Member
I take it that the will was not submitted for probate and your son was never actually appointed by the court to administer the estate.

No, this is not going to get taken care of by mail. No, she is not allowed to go into the property and remove property unless she is appointed by the court to administer the estate.

Is your son willing to waive in writing his right to administer the estate? If he is, has your daughter mentioned that to this attorney?

AZ does have a small estate affidavit procedure (including covering real estate valued at less than $75K) that might enable avoiding a full probate:

http://www.azleg.state.az.us/ars/14/03971.htm
 
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Vicki L

Junior Member
No, I guess we all thought that he was the executor because it said so in the will. Nothing has been done in court...at all. What does he have to do, just write it out that he gives up the executorship? Can he send that to my daughter? I think he might do it, but I'm not 100% sure. He is a bit of a flake (I'm allowed to say that...I'm his mother!)

I'll have my daughter mention to the lawyer about my son giving up his right and also check into the small estate link that you gave to me. I appreciate it!
 

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