questions & answers

Question: my mother passed away in march.my brother was named personal representative in her will.it's going on 100 days since her death.i've had a lot of problems with my brother on settling the estate.i would like to know if property listed in the will to be devided equaly to my brother and myself can be counted as assets possably used to pay bills of the estate.also how long does a personal representative have to settle an estate and what are my options if this matter is not resolved soon.thank youfor your help

Answer:

Title 14 of the Arizona Revised Statutes (A.R.S.) lists laws pertaining to Trusts, Estates and Protective Proceedings.

Assets in the probate estate are and must be used to pay the creditors before any property is distributed to the beneficiaries. Typically the Will makes such a statement. As a beneficiary, you are entitled to copies of all filed documents and an inventory. You may also request an accounting from your brother. The Personal Representative has 2 years to settle the estate, or explain to the court why it will take more time than that to settle it. If you are not getting the information you need, you can always file a Petition with the court asking for the court to enter an order that your brother provide a status of the matter.