Phoenix, AZ asked in Probate for Arizona

Q: Mother passed and left myself and one sibling her home in will. I have since misplaced will.

Other sibling and family moved in with me, after a fight, the other sibling filed and was granted a restaining order forcing me out, and is now taking me and beneficiary sibling to probate court. What can i do? I dont know attorney that helped us.

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1 Lawyer Answer
Andre L. Pennington
Andre L. Pennington
  • Probate Lawyer
  • Surprise, AZ
  • Licensed in Arizona

A: The first thing that comes to mind is contacting the old attorney to see if there is a copy of the will; however, under the rules of not having a will in probate, it sounds like you and your sister would potentially split the home 50/50. You may want to pull the deed to see how it is deeded. You also may want to consider filing to be the personal representative and an objection to the current petition. There are a lot of moving parts and your best bet is probably to contact an experienced probate attorney to help navigate the waters.

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