Tempe, AZ asked in Probate and Estate Planning for Arizona

Q: My gma died a month ago in Idaho under my aunt's care. The executor of the will is completely disregarding her duties

How do obtain copy of the will and go about this process.she did not start a probate she just deposited all money in her personal account and sent a check which she thought i deserved. No copy of will or documentation at all

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Arizona

A: You can start a probate yourself, and ask the court to appoint you as executor, and the court can order the executor to produce the will. If no will is produced, then the estate is probated according to the laws of intestate succession. As executor, you will have the authority to gather up estate assets, including assets that have been misappropriated. You should hire a probate attorney to assist you.

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