Someone filing for probate other than family without families knowledge

[Todd67]

Jurisdiction

Arizona

Arizona says the family has two years to file probate but recommends within a few months of the death. What happens when someone files for probate but none of the surviving family members are notified, two sisters in this instance. Probate was petitioned for back in January and yet no family was notified. Both sisters live in other states. There are 3 trailers with residents in them as part of the probate. One of the residents had a lease to own and one of the sisters was giving it to him for acting as caretaker the past few years to the deceased as well as for time and money spent cleaning out deceased's residence and cleaning up property and so on. That resident and the other two received 30 day notices to move out. Only one resident was available to sign for their certified letter, the other two letters were returned never signed for. Can the family take this to the court?

 

[adjusterjack]

Can the family take this to the court?

Yes. But I doubt that a yes answer to that question is helping you any and you'll probably have more questions. Before you ask them, answer the following questions to give us something to work with. They are all important so don't omit anything.

1 - Date of death?
2 - With or without a will?
2a - If there was a will, and you have a copy, who was nominated as executor or representative of the estate.
3 - What was your relationship to the deceased?
4 - Did the deceased have a surviving spouse?
5 - If nobody notified "the family" how did "the family" find out about the probate and the proposed disposition of the trailers?
6 - Who was it that went to court and got appointed as representative of the estate?
7 - Trailers have titles in Arizona. Whose name is on the titles as owner?
8 - Did the deceased own any property other than the trailers?
9 - What has "the family" done so far?
10 - Your assignment - go to the county probate court and get copies of all the documents in the case file.

Then come back for additional conversation.

 

[zddoodah]

What happens when someone files for probate but none of the surviving family members are notified

Lots of things might happen. Are you asking us to create a hypothetical?

Probate was petitioned for back in January and yet no family was notified. Both sisters live in other states.

Is the person who initiated probate aware of the sisters' existence? You are obviously aware of both the existence of the probate and the sisters' existence. What is your connection to this situation? Have you made the sisters aware that there is an ongoing probate action? If so, how did they respond? If not, why not? Are the sisters aware of the death?

There are 3 trailers with residents in them as part of the probate.

Meaning mobile/motor homes? These "trailers" were owned by the deceased? Did the deceased also own the land on which the "trailers" sit? If not, how has the landowner responded?

One of the residents had a lease to own and one of the sisters was giving it to him. . . .

I don't understand this statement. Who owned the "trailer"? The deceased or the sister? If the former, how was the sister "giving" something to the resident that she didn't own?

That resident and the other two received 30 day notices to move out.

Received from whom?

Can the family take this to the court?

Of course. The surviving sisters should probably retain the services of a probate attorney who practices in the county where the probate is pending.

 

[Todd67]

Thank you for the responses and let me clarify some. The deceased owned 3 Mobile homes on a third acre lots. He has two sisters who are aware of the death. I live in one of the mobile homes with a roommate who was the deceased's caretaker the past few years and friends of the family for many years. The property where we are living has a lease to own contract with the deceased that has been in place for about 8 years. The sisters who live in New Mexico and Florida are not aware of any probate as they were not notified. You would think if you're applying for administrator for the estate that you would know who his family was. Tuesday I will go down to the courthouse and view the petition and heir notice or whatever they do to look for heirs and see what was listed there. Then Today we had an owner of a mobile home business contact one of the three properties and told them he bought the three properties from the woman that was named administrator and wanted to know if they planned on being out by the end of the month cause a 30 day notice had already been sent out to all 3 residences. I didn't think individuals were supposed to have any kind of influence or conversation regarding eviction with the other party, just process servers and such? So, now that it is in a 3rd party's hand, how would that play out as far as trying to stop an eviction due to the lease to own contract? And can we file something , or the sisters, to contest this appointment to this Victoria lady.

 

[zddoodah]

The sisters who live in New Mexico and Florida are not aware of any probate as they were not notified.

So...you've spoken with them? If not, how could you possibly know what they are and aren't aware of? And if you did speak with them, why didn't you inform them about the probate?

You would think if you're applying for administrator for the estate that you would know who his family was.

I agree with this, but I can easily envision circumstances where that wouldn't be the case.

Today we had an owner of a mobile home business contact one of the three properties

Contact how? Was it you who was contacted?

and told them he bought the three properties from the woman that was named administrator

Did he provide any documentation of this alleged purchase?

and wanted to know if they planned on being out by the end of the month cause a 30 day notice had already been sent out to all 3 residences.

Is that true?

I didn't think individuals were supposed to have any kind of influence or conversation regarding eviction with the other party, just process servers and such?

I don't understand what this means.

how would that play out as far as trying to stop an eviction due to the lease to own contract?

Until and unless you've been served with an eviction notice and/or an eviction lawsuit, there isn't anything to do. Has that happened? If so, then you should retain the services of a local attorney. Frankly, this sounds like someone is trying to scam you.

can we file something , or the sisters, to contest this appointment to this Victoria lady.

Victoria is...?? You have no standing in the probate (at least not to contest the appointment of an administrator/executor), but the deceased's sisters certainly do. As mentioned in my prior response, they should probably retain the services of a probate attorney who practices in the county where the probate is pending.

 

[adjusterjack]

I didn't think individuals were supposed to have any kind of influence or conversation regarding eviction with the other party, just process servers and such?

No law against that. It's good that you have some advance warning before papers get filed.

So, now that it is in a 3rd party's hand, how would that play out as far as trying to stop an eviction due to the lease to own contract?

I suggest that you take your leas to own contract to an attorney and review your option to prepare for possible eviction. After 8 years I'm guessing you have a ton of money invested in your home.