questions & answers

Question: My mother passed away 5 yrs ago. Estate has never been settled in probate or anything. My sister moved her son into the home that was willed to us. He pays her the mortgage payment and she makes sure everything is paid. Home is still in deceased mothers name. We had verbal agreement that he would also pay me $200 a month and isnt paying anymore. I want to settle in court due to no executor of estate. My sister assumed executor but refuses to settle. I want her to buy me out and I will sign off on estate and she can do what she wants. What can I do???

Answer: Your question has too many moving parts for a simple answer.  You say the home is in your mother's name but that she willed the home to you and your sister.  I assume the estate has not gone through probate.  Does the Will name your sister as personal representative (executor)?   Has she done anything to change the title?   Your best bet is to have a one time session with a lawyer.  Take a copy of the Will and the deed to the house.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.