Executor Entry Before Appointment

Summary

An executor in Arizona must wait for court appointment before entering a deceaseds home. Unauthorized entry may be considered trespassing. Executors must notify all interested parties before performing inventory for probate. A 30-day notice is required for eviction without cause. Abuse of Power of Attorney (POA) and undue influence can be contested legally. Probate is generally filed in the state where the deceased resided, but separate probate may be needed for property in another state. Consult a legal professional for personalized advice.

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Can an executor of will evict sibling who is also one of three beneficiaries named on deceased's will
In Arizona, an executor of a will has a legal duty to manage the estate's assets, which includes the deceased's home. However, eviction of a beneficiary:
- May depend on the terms of the will.
- May require a court order.
- Should be discussed with a legal professional to understand potential legal and familial implications.
what are the laws and the legal process that executor would need to follow for the eviction process with above circumstances
In Arizona, for an executor of a will to evict a beneficiary, the following steps and laws generally apply:
- Notify the beneficiary of the intended eviction.
- If the beneficiary doesn't comply, file an eviction lawsuit (forcible detainer action).
- Await the court verdict.
- Follow court instructions for eviction, if awarded.
Remember, legal advice should be sought in such cases.
If a person acting as durable poa served eviction notice 5 days prior to the death, is it still enforceable after death, or does executor have to start over
In Arizona, a Power of Attorney (POA) typically ceases upon the death of the principal. Therefore, any eviction notice served by the person acting as the durable POA would likely not be enforceable after death. The executor of the estate would likely need to start the eviction process anew. Consulting with a legal professional is advised.
if a person claiming durable poa physically demands and takes a vehicle from a family member that was given permission by owner to have 5 days before death of owner and did not provide a copy of durable poa documents, is that legal or abuse of power
In Arizona, the following generally applies:
- A Power of Attorney (POA) expires upon the death of the principal.
- The person with the POA should not make decisions after the principal's death.
- Taking possession of a vehicle without proper authorization could be considered an abuse of power.
Always consult with a legal professional in such cases.
how would i take legal action on said person and abuse of power
In Arizona, to take legal action against abuse of power, you may:
- Document the actions of the person in question.
- Consult a lawyer to understand your options.
- Potentially file a lawsuit, if advised by your lawyer.
Remember, each situation is unique. Seek professional legal advice.
If said person also bulldozed her way into home without permission and brought fiance as witness without * hours notice to enter the property with a video camera and began recording immediately prior to and during answering door refusing to turn off and made her way through entire home recording without permission can that be added as abuse of power?
In Arizona, unauthorized entry into a property and recording without consent can potentially be considered as trespassing and invasion of privacy respectively. These actions may add to the claim of abuse of power. However, legal advice should be sought for your specific circumstances.
When her fiancxe was asked to please exit the home and stand outside due to the fact that he was making me uncomfortable and refused demanding that i hand over the keys to above mentioned vehicle with intimidating manner and continued to this behavior the entire duration while they took the vehicle and until they were gone, how do i handle this and tie it to the so claimed poa
In Arizona, intimidation and refusal to leave private property could be considered as harassment and trespassing. You can document these incidents and consult an attorney. They can guide you on how to tie these actions to the alleged abuse of Power of Attorney (POA). Remember, each case is unique and requires personalized legal advice.
Executor is planning to enter home without notice to myself/beneficiary to conduct inventory of assets without notice to me and before being appointed by courts per the will and bring multiple other family members to do so in an attempt to outnumber, bully, and intimidate me. Is that legal?
In Arizona, an executor should wait for court authorization before entering the deceased's home for inventory. Unlawful entry or attempts to intimidate could be seen as abuse of power or trespass. Consult a legal professional for advice tailored to your situation.
As executor, is she considered to be my landlord even though i am also a beneficiary or am i considered co-owner of said property
In Arizona, an executor's role is to manage the estate until it is distributed to the beneficiaries. They do not become the landlord of the property. As a beneficiary, your exact rights to the property will depend on the terms of the will. It's recommended to consult with a legal professional for your specific situation.
the will states that all tangible and residual property is to be divided equally to the three children listed as beneficiaries, but not specifically state how to handle if beneficiary resides in home after his passing
In Arizona, the division of property where a beneficiary resides can be complex. It usually depends on the will's terms and the executor's actions. It may require a legal agreement between beneficiaries or a court's intervention. Would you like to consult a legal professional for individualized advice?
so it may be stated that executor cannot simply evict beneficiary or enter property any time she so chooses, correct
In Arizona:
- An executor cannot evict a beneficiary or enter the property without following the proper legal procedures.
- These procedures may require court authorization.
- Arbitrary eviction or entry may be seen as abuse of power or trespassing.
Please seek legal counsel for your specific circumstances.
What type of notice must be given by executor to perform inventory for probate and does executor need to be court appointed prior to latter
In Arizona:
- The executor must notify all interested parties before performing an inventory for probate.
- Yes, the executor must be court-appointed before performing any duties related to the estate.

Please consult with a legal professional for specific details.
More specifically, how much notice does executor need to provide the beneficiary residing in said property to perform inventory?
In Arizona, there is no specific time frame for the executor to provide notice to beneficiaries for performing an inventory. However, it's generally considered good practice to provide reasonable notice, which could be a few days to a week. Consult with a legal professional for advice tailored to your situation.
Can you bit more specific regarding the notice required to the one living in referenced property
In Arizona, while there's no specific law stating the exact notice period an executor must give before performing inventory, it's generally advisable to give a reasonable notice. This could vary, but typically ranges from a few days to a week. Always consult a lawyer for personalized advice.
How can I request a both a mediator and that only listed beneficiaries and 3rd parties who are unbiased be present for all proceedings especially the inventory due to previous and current attempts to outnumber and intimidate me
In Arizona, to request a mediator and ensure only unbiased parties are present, you can:
- Contact the probate court and request a mediator.
- Express your concerns about intimidation and bias to the court.
- Request that only beneficiaries and impartial third parties be present.
Please consult a legal professional for advice tailored to your situation.
So to clarify, the executor cannot legally demand to enter the deceased home which I, also named beneficiary, until appointed by court and judge, for any reason, correct
In Arizona, generally:
- An executor cannot enter the deceased's home until officially appointed by the court.
- The executor must follow legal procedures and respect the rights of the beneficiaries.
- Any unauthorized entry may be considered trespassing.
Please consult a legal professional for advice specific to your situation.
Previous question, but please add that the fact that I, as beneficiary reside in the home. Does that change the answer
No, your residency in the home doesn't change the answer. In Arizona:
- The executor must still wait for court appointment before entering the home.
- Your rights as a resident must be respected.
- Unauthorized entry may still be considered trespassing.
Consult a legal professional for personalized advice.
The death occurred in San Bernadino County Upland Hospital in CA and the deceased was legally residing there at time of death, but the deceased home is located in AZ. How does this affect things?
In this case, probate processes would generally follow Arizona laws since the deceased's home is located there. However, if the deceased had significant assets in California, a separate probate might be needed there too. Consulting a legal professional could provide clarity for this complex situation.
How long does it take for death certificate to be available in San Bernadino County and is it required to file probate in AZ? And is there any way for the executor to get the death certificate sooner?
In San Bernardino County, California:
- Death certificates are typically available within *-* weeks after the date of death.
- Expedited service may be available for an additional fee.
In Arizona:
- A certified copy of the death certificate is generally required to begin the probate process.
Please consult a legal professional for advice tailored to your situation.
Upon executor being legally appointed by courts, how much and what notices are required to be provided to current occupant and beneficiary to conduct inventory for probate?
In Arizona:
- Once legally appointed, the executor must provide reasonable notice to the current occupant and beneficiaries before conducting an inventory for probate.
- The notice should be in writing and specify the date and time of the inventory.
- There's no specified timeframe, but a few days to a week is generally considered reasonable.

Consult with a legal professional for more personalized advice.
Thank AI chatbot!! You have been extremely helpful!!
You're welcome! I'm glad I could assist you. If you have any more questions in the future, don't hesitate to ask. Remember, it's always a good idea to consult with a legal professional for advice tailored to your specific situation.
One more question. Is it possible to continue with this chat at a later date with additional questions rather than starting over?
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With this being said previously, "What type of notice must be given by executor to perform inventory for probate and does executor need to be court appointed prior to latter In Arizona: - The executor must notify all interested parties before performing an inventory for probate. - Yes, the executor must be court-appointed before performing any duties related to the estate." for clarification purposes, executor must wait until court appointed to begin any eviction processes? And would need to serve a 30 day to me prior to filing any eviction paperwork through the courts, correct?
In Arizona:
- Yes, an executor must be court-appointed before initiating eviction processes.
- Arizona law requires a *-day notice for eviction without a specific cause.
Please consult a legal professional for advice specific to your situation.
If executor claims concern for the deceased's belongings can she speed that up, and what evidence would be needed for said claim
In Arizona:
- An executor cannot speed up the court-appointment process based on concern for belongings.
- An executor's duties begin only after court-appointment.
- If immediate action is needed to protect the estate, the court might appoint a special administrator.
- The claim would typically require evidence showing potential harm to the estate's assets.
Remember, consult a legal professional for advice tailored to your situation.
What would be required by executor before court appointment for last wishes on deathbed she claims given to three very biased family members by video taken personally? What is required to prove of sound mind and is video admissable in court to override will? Deceased has been suffering from dementia for some time
In Arizona:
- To change the will, a new one must be drafted and signed in the presence of witnesses.
- To prove the deceased was of sound mind, medical records and witness testimonies can be presented.
- Court might consider video evidence if certain conditions are met.
- If the deceased had dementia, it could be argued they lacked the mental capacity to make a new will.
- Consult a legal professional for advice specific to your situation.
Also, if caretaker for short time, now executor, or any other family members had new durable poa and advanced medical directive completed and filed after deceased was deemed incapacitated what would be the consequences?
In Arizona:
- A Power of Attorney (POA) or an Advanced Medical Directive cannot be validly created if the person is incapacitated.
- If such documents were created under these conditions, they might be considered invalid.
- The consequences could include legal action against the individuals involved.
- It's recommended to consult a legal professional for advice specific to your situation.
And if the last time any of his family or very close friends, one also having poa, have been unable to speak or contact deceased since the day he gave permission for me to live in home, aside from one phone made to friend residing in home town asking for help to come get him and that he wasn't able to talk to anyone and that they listened to him, along with the fact that he was initially brought there and lied to stating it was only for a visit and he was scared he was not coming home, which was true, how to handle this? Even through POA serving eviction notice on so many different occassions and the taking of the vehicle was what he wanted, but not once, after multiple requests and attempts to talk to him to confirm, always being told he simply didn't want to talk to me, but this is what he wants...Abuse of POA and possibly being unduly influenced? The last time anyone from his home town spoke with him was around March of last year.
In Arizona:
- If you suspect abuse of Power of Attorney (POA) or undue influence, you can take steps to contest it.
- Collect evidence of these abuses and consult a legal professional.
- You might need to take legal action, which could include filing a lawsuit or reporting to adult protective services.
Remember, each case is unique and requires personalized legal advice.
If deceased deemed incapacitated prior to being relocated to california for other family members to care for, how would that affect his permission to have vehicle and reside in home
In Arizona:
- If the deceased was deemed incapacitated before relocating, it could affect the validity of any decisions made during that time.
- If he gave permission for you to have the vehicle and reside in the home, it might still be valid depending on the circumstances.
- Please consult with a legal professional for advice specific to your situation.
I have pages of text messages with the now executor being nasty and telling me I am not his daughter or next of kin and many other things doing her absolute best to keep me from moving into home, not even by my own request. She threatened and attempted by any means she could to stop it. I had to send an officer to do a welfare check to be able to speak with him. I advised him of what she was doing to me and that she was going to be having as conversation with him to make sure that would never happen. I asked him if he was going to allow her to continue to do this to me or if he was going to stand up for me. He said he was going to stand up for me and tell her to fuck off, it was his house and he could do what he wanted. The next I heard nothing from her, which in itself was the answer. That was literally the last time any of us here in AZ have gotten to speak with him. This is the elaboration from the previous question and answer.
Given the complexity of your situation and the potential abuse of power and undue influence you're describing, you should consider the following steps in Arizona:
- Document all incidents, interactions, and communications.
- Consult with a legal professional.
- You may need to file a lawsuit to contest the executor's actions, especially if you believe the deceased was unduly influenced or incapacitated.
Remember, each case is unique and requires personalized legal advice.
Ok. Are there any other laws and rights I should know about being the occupant and beneficiary and can you provide the statutes so if needed i can print them?
In Arizona, as an occupant and beneficiary, you should be aware of the following:
- Arizona Revised Statutes § *-*: Executors must wait for court appointment before taking action.
- Arizona Residential Landlord and Tenant Act (A.R.S. § *-*): *-day notice required for eviction without cause.
- A.R.S. § *-*: Executors must provide notice before inventorying assets.

Remember, always consult with a legal professional for personalized advice.
One more statute please. Stating that previous 30 day served by durable poa prior to the death.
In Arizona, the relevant statute is Arizona Revised Statutes § *-*, which states that a Durable Power of Attorney (POA) terminates when the principal dies. Any eviction notice served by the POA likely becomes void after death. Always consult with a legal professional for personalized advice.
Thank you!!!
You're welcome! If you have any other questions in the future, feel free to ask. It's always best to consult with a legal professional for advice tailored to your unique situation. I wish you the best of luck with your situation.
Do I have any recourse for the fact that the family member, then caretaker, now named executor, failed to notify me that my dad was in the hospital, claiming she did not know how serious it was, until just a few hours prior to his death?
In Arizona, there may not be a specific law requiring family members to notify you about a relative's hospitalization. However, if you believe the executor acted improperly or negligently, you may have recourse under common law. Consult a legal professional for advice specific to your situation.
What about the death and residence at that time in California? Is it any different?
In California:
- The executor still needs to be appointed by the court before they can take action.
- If the deceased had significant assets in California, a separate probate might be needed.
- The California Probate Code requires reasonable notice before an inventory.
- Always consult with a legal professional for advice specific to your situation.
I was more referring to the question above about her not notifying me that he was in the hospital so I did not have enough time to get there prior to him dying.
In California:
- There isn't a specific law requiring family members to notify you about a hospitalization.
- If you believe there has been a breach of moral or ethical duty, it's best to consult a legal professional.
- Please note, this does not necessarily mean there will be legal recourse.
Always seek personalized legal advice.
I do believe that it was intentional, even though they are saying that they did not know it was that serious, which was also the reason for the poa bulldozing her way into my home and intimidating me with her fiance and demanding the vehicle just days prior to his death as well.
In Arizona and California:
- If you believe the actions of the POA were intentional and abusive, document all incidents and seek legal counsel.
- You may have legal recourse if you can prove abuse of power or undue influence.
- Each case is unique and requires personalized advice from a legal professional.
How do I find out *% for sure if executor has filed anything regarding last wishes or amendments or revocation of previous will? And would it need to be filed in the state he resided in or the state his property and original will was filed?
In Arizona:
- You can check with the probate court in the county where the deceased resided.
- Amendments or revocations of a will should be filed where the original will was filed.
- Probate processes typically occur in the state where the deceased resided, but if he owned property in another state, probate might also occur there.
Always consult with a legal professional for personalized advice.
How do I determine for sure which state probate needs to be filed in? All property and previous will are in the state of Arizona. Deceased only took minimal items upon relocation to California, due to me being unable to care for him here in Arizona by myself.
Generally, probate should be initiated in the state where the deceased person was a resident at the time of their death. However, if the deceased owned real property in another state, a separate probate process may need to be initiated in that state as well. In your case, since all property and the previous will are in Arizona, probate would likely need to be filed in Arizona. But you should consult with a legal professional for advice specific to your situation.
Yes please. How do I determine for sure which state probate needs to be filed in? All property and previous will are in the state of Arizona. Deceased only took minimal items upon relocation to California, due to me being unable to care for him here in Arizona by myself.
Probate is generally filed in the state where the deceased person lived at the time of their death. If all the property is in Arizona, then Arizona would likely be the appropriate jurisdiction. However, you should consult with a local probate attorney to confirm.
With all of the previous information, does this constitute that probate will be required?\
In Arizona, probate is usually required if the deceased person's assets, excluding joint tenancy and beneficiary-designated assets, are worth more than $*,* for personal property and $*,* for real estate. However, it's best to consult with a local probate attorney for specific advice.
Does the previous mean that it meet both of the requirements are met, or if asset's are less than $*,* but real estate is more than $*,*? Would probate still be required?
In Arizona, probate is required if:
- Personal assets are more than $*,*, or
- Real estate value is more than $*,*.
If either condition is met, probate is usually necessary. Consult a local probate attorney for specific advice.
Or answers that. Thank you.
You're welcome! It sounds like you're navigating a complex situation, so don't hesitate to reach out if you have more questions. Remember, consulting with a local probate attorney is always a good step to clarify your specific situation.
Can you assist me in finding out if any documents in the deceased name have been filed in San Bernadino County, Rancho Cucamonga, California?
Sure, I can guide you. To check for any filed documents, visit the San Bernardino County Superior Court's website and look for their online services which may include a case search feature. However, confidentiality rules may apply. If you need further help, consider consulting a local attorney.
Does there need to be a valid reason for an expedited death certificate in above named location and if so, what would be considered a valid reason?
In Arizona, expedited death certificates can be requested without providing a reason. However, the immediate need for the certificate, such as finalizing financial affairs or accessing benefits, is often considered valid. Contact the Arizona Department of Health Services for more information.
The death occurred in San Bernadino County, California.
Noted. In California, the County Health Department usually issues death certificates. It's best to contact the San Bernardino County Health Department for specific guidelines on expedited requests. Do you need their contact information?