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Failure of Duties

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fitzgerald77

Guest
My fathers will is being probated in Arizona. I am a listed beneficiary living in another state.

There are two co-personal reps. One is my fathers wife (not my mother), the other lives out of state and has no interest in the probate and has declined compensation for such.

The co-personal reps where appointed 7 months ago.

The will leaves all his personal property prior to his current marriage, to his children. The will states this was to be distributed within 30 days of the P/Rs appointment.

I have requested his personal property prior to his marriage be sent to the appropriate beneficiaries. I was told there is none. When I pointed out I was aware of some of the items in her possession he owned before their marriage, she told me she simply didn't want to turn the items over. (She said she likes the stuff to much to let go)

Arizona law requires an inventory/appraisement of his assets be filed with the court within 90 days of appointment, and/or a copy available to the listed beneficiaries.

To date I have made two written requests and two verbal request for the inventory. I have been told by my fathers widow "I'm not going to do it." I have checked with the court and nothing has been filed since the appointment of the reps.

Is there anything I can do to make the reps enforce the will and follow the law short of having to pay the expense of hiring an attorney out of state? Would requesting the court to require bond be an appropriate step? I'm kinda lost as to my next step.

This must be a common problem, please advise.
Thanks
 


Dandy Don

Senior Member
Don't raise a big stink about this relatively unimportant personal property until you receive your check as a beneficiary. But at some point you will be needing to consult a local attorney about what you can do about this.
 
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fitzgerald77

Guest
What about her unwillingness to do the Inventory/Appraisement required by law?

She claims she has done as much as she's going to do regarding probate.

Thanks
 
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fitzgerald77

Guest
There will be no check. His personal property will be the extent of my inheritance.
 

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