Q: Father died and left no legal will. One heir wants to use Legal Shield and the other wants a probate attorney. Thoughts?
Death occurred in Phoenix, estate is in Glendale, AZ. Deceased did not have an end of life plan established and no legal will or transfer at death deed was created. One sibling was POA when he was alive and no Executor has been identified and no inventory of assets has been done.
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A: Any of the heirs can file for an intestate administration. But are there assets that need probate? Consult with an AZ attorney for direction. Many assets do not go through an estate. Any transaction with the attorney in fact should be scrutinized for violation of a fiduciary duty and/or confidential relationship.
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