Yuma, AZ asked in Estate Planning and Probate for Arizona

Q: How can I collect personal belongs of my ex mother in laws who passed when her boyfriend doesnt wanna give us her stuff?

My ex mother in law died in a car accident 3 days ago, she didnt have a will but has stated to multiple people that I was the one that she wanted to be executor. she was suppose to get in writing but died before doing so. She was living with her boyfriend who is a drug addict and was abusive to her, she made it pretty clear if something was to happen to her I needed to go clear all her stuff out the house before he gives it away or sales it. the boyfriend wont let me get her belongings without a court order. she has 2 adult kids but they live in another state and are dealing with the loss of there mother and dont wanna have to deal with the boyfriend. what do i need to do to get legal rights to her stuff?

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2 Lawyer Answers
Ilene L McCauley
Ilene L McCauley
Answered
  • Estate Planning Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: I am sorry for your loss.

Unfortunately, when people do not put their wishes in writing, problems arise. What she said before her death, without written proof, may no longer apply. Her children are the best ones to open probate to get control of her assets. I recommend working with them and a local attorney to see the next steps.

Many factors apply, and the attorney can guide the family.

Andre Lee Pennington
Andre Lee Pennington
PREMIUM
Answered
  • Estate Planning Lawyer
  • Waddell, AZ
  • Licensed in Arizona

A: The surviving children will need to step up as they are the ones with lawful authority. Unfortunately, verbal statements are not enough in situations like these.

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