Kingman, AZ asked in Estate Planning and Probate for Arizona

Q: What's my next move if after being named in the will (and by court) PR, someone has apparently petitioned as PR as well?

They have been given a case number as well. I would really like to keep this an informal probate. The other party is an estranged step father..HELP

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2 Lawyer Answers
Gregory Christopher Poulos
Gregory Christopher Poulos
Answered
  • Estate Planning Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Unfortunately, unless the estranged stepfather is going to withdraw voluntarily you are going to have to petition the court formally. I suggest that you may need legal counsel to advise you. A demand letter may be the first step to avoid any litigation, but if there is no positive response a formal Petition will need to be filed to get the case in front of a probate judge to appoint you as the Personal Representative and not him.

David Gerszewski
David Gerszewski
Answered
  • Estate Planning Lawyer
  • Chandler, AZ
  • Licensed in Arizona

A: I would advise you to contact a probate attorney that can deal with contested matters. You will have to petition to the court if the stepfather doesn't withdraw. If the stepfather was married to the person that passed away at the time of their passing they may have priority as well. One way or the other you will need an attorney most likely at this point.

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