Wills

questions & answers

Question: My brother is a broker and the trustee of my mothers estate. He has misuse his powers of a broker and the trustee of the estate.

Answer:

Without some additional information, it is hard to give your answer a simple response. It seems that you’re asking about a deceased parent’s estate. If that is the case, the rules of probate (“proving” the will in court) and administration of estates are explained in the Arizona Revised Statutes (A.R.S.) Title 14. Because you stated that your brother is already the trustee of your mother’s estate, he probably has already filed for “informal” probate. This is important, because A.R.S. § 14-3108 limits the amount of time a person has to make a complaint about the administrator of an estate. A person has 12 months after the informal process is complete or 24 months after the death of the decedent (the person who has died), whichever is longer, to file a formal complaint. 

 A formal court hearing is usually only needed when there is an issue with the will itself and the laws regarding these hearings are found in A.R.S. Title 14, Article 4. However, A.R.S. § 14-3414 allows a person to request a formal hearing if they have a problem with the personal representative, and A.R.S. § 14-3611 lists the reasons a court could order removal of a personal representative.  A.R.S. §14-3611 also ensures that the personal representative won’t do anything to harm the estate before the hearing.

A.R.S. § 14-3414 explains what your petition to the court must contain. It states that if there might be a concern about what the will says, the petition should follow the requirements in A.R.S. §14-3402. Please read Title 14 for more information.

 It is always a good idea to consult with a licensed legal professional before making complicated decisions such as this one. If you need help finding an attorney, see the Arizona State Bar’s page, “How to Find and Hire a Lawyer.” Take a look at the resources on this site as well.