Personal Property not in the Estate

[KatrinaK13]

What is the name of your state? Arizona.

1) My mother passed away Dec, 2007. My husband and I put a manufactured home on our property for her to live in (she paid for the home). The executor is using the purchase price of the home as a basis for the value (we have asked to have the home included in my share of the estate). The home cannot be sold, because it is on our property, unless someone is willing to move it. Shouldn't that be considered when determining the cash value of the personal property? Also, we paid for the septic and the last 3 years property taxes.

2) I know this depends on a lot of things, but: how long does it usually take for an estate to settle? She also had a house in MA that was not in the estate.

3) Does the executor have an obligation to keep us informed of what is going on? Except for him asking for information on the manufactured home - I know nothing.

Sorry for all the questions Thanks in advance for any help

 

[KatrinaK13]

ok, how about an answer to the 3rd question....

Actually, can someone just tell me if the executor has an obligation to keep us (heirs) informed of what is going on? Thanks.

 

[anteater]

Actually, can someone just tell me if the executor has an obligation to keep us (heirs) informed of what is going on? Thanks.

No.

Shouldn't that be considered when determining the cash value of the personal property?

Yes.

Also, we paid for the septic and the last 3 years property taxes.

OK, you made an improvement to your property and a gift to your mother.

2) I know this depends on a lot of things, but: how long does it usually take for an estate to settle? She also had a house in MA that was not in the estate.

Figure an absolute minimum of 6 months from when the executor published the notices of opening the probate estate.

What do you mean that she owned a house in MA "that was not in the estate"? Was it owned jointly with right of survivorship?

 

[KatrinaK13]

Answer to question.

My father started the estate planning before he died, but the house was never included and my mother never added it. My sister told me that the executor has to go to court to get the house included. In my mother's and father's names only (both deceased). I'm sorry, but I am naive in these matters, that is why I was hoping the executor would keep us informed. Thank you for your help.

 

[anteater]

Between the notices required when probate is opened and the final settlement agreements/accounting, there is almost nothing that the executor is legally obligated to communicate to the beneficiaries. That does not mean the you can't ask or make occasional visits to the probate court to review the file.

If I understand correctly, your father and mother are both still on the deed to the MA property. Unless there is something odd about the way it was owned, that means that it is part of your mother's estate. But, the executor will have to open ancillary probate in MA to take care of that property. That could add to the time needed to settle the estate.

 

[momm2500]

is the manufactured home titled in your name or your mother's? also, the executor will need to have it appraised to determine value

 

[KatrinaK13]

She paid cash for it. The only way to keep the house on our property is to get the land rezoned or to take out the kitchen and bathroom. It was only a "medical neccessity" for my mother. Can they do the house only (no land involved)? The executor asked for the model and VIN #. I'm assuming he is getting an appraisal without someone coming out.

Between the notices required when probate is opened

Should I have gotten a notice that probate was opened? If not, does that mean it was not? It's been 6 months. Thanks.

 

[anteater]

Can they do the house only (no land involved)?

The land is yours, is ti not?

Should I have gotten a notice that probate was opened? If not, does that mean it was not? It's been 6 months.

I have been assuming that your mother was an Arizona resident. That is the case, isn't it? And, since, you mentioned the "executor" and supplying infornation to the executor, I was assuming that probate was opened. An executor is not an executor until the court appoints him/her.

There are 3 types of probate cases in AZ: informal, formal, and supervised. Assuming probate has been opened and that it is an informal probate, which most are, the notice requirement is:

14-3306. Informal probate; notice requirements

A. The applicant must give notice as described by section 14-1401 of the applicant's application for informal probate:

1. To any person demanding it pursuant to section 14-3204.

2. To any personal representative of the decedent whose appointment has not been terminated. No other notice need be given prior to issuance of a statement of informal probate by the registrar.

B. On issuance of a statement of informal probate, the applicant must within thirty days give written information to all heirs and devisees of the admission of the will to probate, together with a copy of the will. The information shall describe the court where papers relating to the estate are on file and state that an heir has four months from receipt of the information within which to commence a formal testacy proceeding if the heir wishes to contest the probate. If a personal representative has been appointed, the information given pursuant to this section may be combined with the information required by section 14-3705 and may in that case be given by either the applicant or the personal representative on behalf of both. This information shall be delivered or sent by mail to each of the heirs and devisees whose address is reasonably available to the applicant. An heir to whom the information is given is barred from commencing a formal testacy proceeding to contest the probate of the will after four months have elapsed from receipt of the information, but an heir is not barred from commencing a formal testacy proceeding to probate a later discovered will. An heir to whom the information is not given may contest the informal probate within the time limit specified in section 14-3108. The applicant shall be liable to any heir or devisee damaged by failure to comply with this subsection. An applicant's failure to give information as required by this section is a breach of the applicant's duty to the heirs and devisees but does not affect the validity of the probate.

If you are up for some heavy reading, the AZ probate code is here:
http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=14

A quick interent search turned up this site, an Arizona Probate FAQ by an Arizona attorney. Probably a bit easier reading.
http://www.keytlaw.com/azprobate/probatefaq.htm#How Long