Phoenix, AZ asked in Real Estate Law, Civil Litigation and Probate for Arizona

Q: As a Executor how long legally can you hold claim to this title?

My sister and brother are executors of my mothers affairs. 9 years later my parents mtg servicing co sends statements to the estate of my parents both named both deceased. The deed is recorded with my name and the 2 executors. While 1 other brother and I are paying pymts taxes insurance and all upkeep if the property for 9 years. I think she is waiting for the mtg less than 20K to be paid off or close to it. Can you be an executor for 10-15 years? Nothing filed with the state or the courts. There was a will stating everything be split 5 ways that hasnt come close to happening. The executors have taken all valuables, jewelery, vehicle and claim to a trailer. Im almost 60 and I want out of this mess but they will not hear any reasoning. After no financial participation from them I just want a way out around their do nothing stand. She had vowed to fight a partition motion even if it is eaten up by legal and attorney fee. This doesnt sound like a person that should handle this?

1 Lawyer Answer
Gregory Christopher Poulos
Gregory Christopher Poulos
  • Probate Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: If nothing was filed with the courts, then they are only named as Executors, they have no power as they are not court appointed. I presume you are living in the property, but you need to speak with an attorney sooner rather than later. They are taking advantage of you, not following proper procedures and this has to come to an end. You may have claims against the estate for the money and care you provided to the property. You also may have a claim for quiet title, but you must discuss this with an attorney. Her threats should not intimidate you.

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