Bullhead City, AZ asked in Contracts, Real Estate Law, Civil Litigation and Probate for Arizona

Q: can the sole heir and named trustee of a trust still claim his inheritance years after the death of the grantor?

in az, two cousins each inherited from their parents seperate trusts for half interest in a family owned apartment building, owned free and clear, and fully occupied at all times. One was the manager and lived in the house of the other, adjacent, built by his parents, but not included with the apartments. He was a local sheriff, who intimidated his cousin and tied in to the courts. When the other cousin tried to file paperwork to accept title of the trustee position the clerk of court refused to accept it on three occasions, saying he must have an attorney which he could not afford. No local attorney would take his case due to conflict of interest. The sheriff claimed there were no profits but continues to buy property and hasnt paid a bill in 15 years taking everything out of the proceeds from the apartments. He even evicted the cousin from one of the apartments. He has finally retired, and the cousin wants to try and file acceptance of trustee position as he should have originally.

1 Lawyer Answer

Peter H. Westby

Answered
  • Probate Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: This is theoretically possible but the matter would need to be carefully researched. Much can happen in 15 years and you need to know as much as possible about this trust, its assets and their administration. I recommend hiring a probate attorney to assist you in determining the facts and to advise you as to what your options are.

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