QUESTION
My deceased mom had court ordered guardian who now personal representative who is trying to evict her daughter who has lived there 7 yrsand inherits
Asked on Mar 31st, 2021 on Wills and Probate - Arizona
More details to this question:
APS lead to court ordered guardian then my mom died a month later. The court ordered lawyer wouldn’t even call her after the hearing. He knew from hearing that she objected and wanted to present info from her Dr and nurses showing she was not incapacitated. Haven’t been able to object and stuff cause no money for lawyer. Court never saw her evidence as I can’t figure out what papers to file, etc. Now they have given use eviction notice for last three months but it hasn’t gone thru court yet. I lived with her for 7 yrs and am in will. What can I do? Can they evict us without going thru court?
1 ANSWER
2 Awards
Courts customarily discharged attorneys appointed to represent someone in a guardianship at the hearing. After the hearing, the lawyer had no client-attorney relationship with your mother. He never had an attorney-relationship with you.
If it is necessary to sell the home to pay the estate's debts, the personal representative's duty is to evict whoever is living there and sell the home. Neither occupancy nor inheritance after the debts are paid conveys ownership superior to the rights of people owed money to be paid.
Answered on Apr 01st, 2021 at 5:07 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.