Montebello, CA asked in Estate Planning, Foreclosure and Real Estate Law for Arizona

Q: I have a question about my grandparents estate that is currently being held by the Department of treasury.

I have a copy of the will where he states who each property would go to. We also know he had life insurance and his business that was not distributed properly or at all for that matter. The homes he left to family in the will were in Forclosure due to the person not distributing everything the way the will states. His estate is being held by the department of treasury and I would like to know if I would have the right to claim it. I do not know if the two estate id #'s I have are only the houses we know he left or if more is included in that and if so. Would I be able to claim that as well. We believe the person who was to distribute the estate did not do so because he was still receiving or using my grandfathers bank accounts. I'm not sure if a copy of the will with me being one of the beneficiaries would be enough to claim the estate with the department of treasury missing money form.

1 Lawyer Answer
Ilene L McCauley
Ilene L McCauley
Answered
  • Estate Planning Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: I am so sorry for your loss.

I apologize. I don't know if I understand you completely. If the estate is being held by Treasury, is it because there are back taxes which need to be paid?

To answer your other question. A copy of the Will won't be enough. The will must be admitted to probate and the court needs to appoint someone to act as Personal Representative. The Personal Representative will have the authority to act on behalf of the estate.

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