If you have a financial or property interest in an estate, you may file what is called a "Demand for Notice" with the court at any time after the decedent's death. See A.R.S. Section 14-3204. If you file a Demand for Notice, you also need to mail a copy of it to the personal representative for the estate, if one has been appointed. (You should also mail copies to all of the other interested parties.)
Once you have filed a Demand for Notice, no order or filing may be made without giving you notice. Then, if the personal representative files anything with the court and then fails to provide you with a copy, he or she will be liable to you for damages. (In other words, you can get a judgment against the PR if you suffer a loss as a result of the PR not giving you notice.)
If you have any question about whether the PR is going to act responsibly, or if the estate is in any way contested, you should probably file a Demand for Notice. If you have any questions, please do not hesitate to call me.
I hope this information is helpful. Paul Deloughery
(You can contact me directly by email at paul@delougherylaw.com or phone at 602-443-4888. For more information, visit www.delougherylaw.com)
The information in this blog is general in nature and is not intended to address any particular situation.
Thursday, April 9, 2009
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2 comments:
I am thinking about doing probate law. What do you think some of the advantages to this area over others are?
Mike the lawstudent
Topeka Attorney
Over summer vacation, call two or three different kind of probate attorneys and ask if you can shadow them during half a day to see what their day is like. Call a probate litigation attorney who does contested cases, a probate attorney who only does uncontested cases, and something different (like maybe an elder law attorney, or an estate planning attorney). These are all very different types of work, and you need to see what fits your personality.
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