Q: My mom past away in may of 2017. I have a sister and brother that have not been involved in her life since 2001.
I have been the only one taken care of her we lived together for since 2010. She had no will. I can't close her bank account because my brother feels he's entitled to the money. Mom left a letter but didn't sign it stating the two of them were to get nothing that she had no son as far as she was concerned. 20 yrs he hasn't been around lives out of state. The bank froze the account cause he tried to filed an affidavit as I did but didn't have any info like I did. What do I have to do now?
A: If your Mom was unmarried at the time of her death and had no will, her estate passes to her children in equal shares under Arizona law. Since the affidavit procedure did not work for you, the next step is to open a probate. I recommend speaking with a probate attorney to learn more about this procedure. You may be able to handle the probate without an attorney by using the forms on the court website but with the lack of family cooperation that you have experienced, I believe it would be best to hire an attorney to help you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.