Wills

questions & answers

Question: How do I sue the executor(my aunt) of my mother's estate (no will) for breach of fiduciary duty?My mother died almost two years ago and there has still not been any distribution of funds from the sale of her home or possessions.She had a car which I left at the house my aunt was staying at in February and I just learned in September that the lawyer representing her had not been told they had the car and it had not been put up for sale yet.My aunt also took jewelry and other possessions of my mother's when it appears my brother and I are the only heirs according to AZ law when there is no will.

Answer: According to the State Bar of Arizona, when there is no will, any assets in person's estate will be distributed according to Arizona laws that designate which family members, or "heirs," will receive assets. If your aunt is executor and she has not distributed the assets, you may want to speak with a Wills & Trusts attorney as to your next steps.  You can find an attorney by going to www.azbar.org, or you may want to contact the legal learn center at 866-637-5341 to see if you qualify for reduced fees for an attorney.

QUESTIONS

  • How do I sue the executor(my aunt) of my mother's estate (no will) for breach of fiduciary duty?My mother died almost two years ago and there has still not been any distribution of funds from the sale of her home or possessions.She had a car which I left at the house my aunt was staying at in February and I just learned in September that the lawyer representing her had not been told they had the car and it had not been put up for sale yet.My aunt also took jewelry and other possessions of my mother's when it appears my brother and I are the only heirs according to AZ law when there is no will.

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