Unauthorized Estate Representation Concerns

Summary

If someone is not a court-appointed representative of an estate, they should not act as one. Unauthorized actions can have legal consequences. To address this in Arizona, file a Petition to Compel Accounting or a Petition for Injunction. Serve the petition through certified mail or personal delivery and include a Proof of Service form. Consult a probate attorney for guidance.

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Im in az and need to know if someone is NOT court appointed representative of esate can they act like it on some thing but deny it on other things
Hi Patty,
I understand you're in Arizona. To give you general guidance, if someone is not a court-appointed representative of an estate, they generally should not be acting as such. This could potentially be seen as unauthorized practice and might have legal consequences.
Would you like more specific advice based on Arizona laws?
yes. a law firm is acting like personal representative for supenoas but when confronted on removing assets deny PR
Hi Patty,
I understand your concern. Generally, in Arizona:
- A person must be court-appointed to act as a personal representative (PR) of an estate.
- Acting as a PR without court appointment can be considered unauthorized and may have legal consequences.
- They should not selectively act as PR for subpoenas and deny it for other matters.
Would you like information on how to formally address this issue in Arizona courts?
yes please
Hi Patty,
For addressing your issue in Arizona courts:
- File a petition to challenge the unauthorized actions of the law firm.
- Provide evidence showing their selective actions as a personal representative (PR).
- Consult with an Arizona probate attorney for guidance on the petition process.
Would you like contact details for local probate courts in Arizona?
what petition do I file with the court
Hi Patty,
To address the issue of unauthorized actions by a law firm in Arizona, you would typically file a petition to challenge their actions. This could be a "Petition for Removal of Personal Representative" or a "Petition to Compel Accounting," depending on the specifics.
Would you like contact details for local probate courts in Arizona?
they have not been court appointed so would it still fall under Removal of PErsonal Rep
Hi Patty,
Since the law firm is not court-appointed as a personal representative (PR) of the estate, you would not file a "Petition for Removal of Personal Representative." Instead, consider filing a "Petition to Compel Accounting" or a "Petition for Injunction" to address unauthorized actions.
Would you like more information on how to file these petitions in Arizona?
yes more information to file a petition for injunction
Hi Patty,
To file a Petition for Injunction in Arizona:
- Draft the petition stating the unauthorized actions of the law firm.
- Include evidence of their actions and why an injunction is necessary.
- File the petition with the probate court in your jurisdiction.
- Serve the petition to the law firm.
Would you like the contact details for a local probate court in Arizona?
I file it with the court and mail them a copy correct?
Hi Patty,
Yes, typically you would:
- File the petition with the probate court.
- Serve a copy to the law firm, often through certified mail or personal delivery.
Would you like details on serving documents to ensure compliance with Arizona court procedures?
yes
Hi Patty,
To serve documents in compliance with Arizona court procedures:
- Use certified mail with a return receipt or personal delivery.
- Include a Proof of Service form with your filing.
Would you like contact details for local probate courts in Arizona?
what is a proof of service form?
Hi Patty,
A Proof of Service form is used to confirm that legal documents have been properly delivered to the relevant parties. It typically includes:
- Date and method of service (e.g., certified mail, personal delivery)
- Name of the person who served the documents
- A statement attesting to the completion of service
Would you like more details on how to fill out this form for your situation in Arizona?
yes please
Hi Patty,
A Proof of Service form generally includes the following sections:
- **Details of the Party Served:** Name and address of the law firm.
- **Method of Service:** Certified mail with return receipt or personal delivery.
- **Date of Service:** The date the documents were sent or delivered.
- **Statement:** Attesting that the documents were properly served.
- **Server's Information:** Name, address, and signature of the person who served the documents.
Would you like a template or example form to help you fill this out?
yes please
Hi Patty,
Here’s a basic template for a Proof of Service form:
---
**Proof of Service**
**Details of the Party Served:**
- Name: [Law Firm's Name]
- Address: [Law Firm's Address]
**Method of Service:**
- Certified Mail with Return Receipt / Personal Delivery
**Date of Service:**
- [Date Documents Were Sent or Delivered]
**Statement:**
- I, [Your Name], declare that I served the documents listed below on [Date] by [Method of Service].
**Server's Information:**
- Name: [Your Name]
- Address: [Your Address]
- Signature: [Your Signature]
---
Would you need more assistance with this form?
no thank you, another question. What would I add in a petition for accounting
Hi Patty,
When drafting a Petition for Accounting, you might want to include the following:
- **Identifying Information:** Name of the petitioner and the estate.
- **Reason for Petition:** Explain why you are requesting an accounting.
- **Specific Requests:** Detail what financial information you need.
- **Supporting Evidence:** Attach any relevant documents.
Would you like any more details on this?
yes is there a template
Hi Patty,
Here's a basic template for a Petition for Accounting:
---
**Petition for Accounting**
**Court Information:**
- Court Name: [Probate Court Name]
- Case Number: [Case Number]
**Petitioner Information:**
- Name: [Your Name]
- Address: [Your Address]
- Phone: [Your Phone Number]
**Estate Information:**
- Estate Name: [Estate Name]
- Decedent's Name: [Decedent's Name]
- Date of Death: [Decedent's Date of Death]
**Petition Statement:**
I, [Your Name], respectfully request that the court order an accounting of the estate of [Decedent’s Name] for the following reasons:
- [Explain why you are requesting an accounting, e.g., lack of transparency, suspected mismanagement]
**Specific Requests:**
I request the following financial information and documentation:
- [List specific financial documents needed, e.g., bank statements, transaction records, asset inventories]
**Supporting Evidence:**
Attached are the following documents supporting my request:
- [List and attach relevant documents]
**Declaration:**
I declare under penalty of perjury that the information provided in this petition is true and correct to the best of my knowledge.
**Signature:**
- [
thank you. have a great day
You're welcome, Patty. If you have any more questions in the future, feel free to reach out. Have a great day!
do you have a template for the PEtition for accounting
Hi Patty,
Certainly! Here’s a basic template for a Petition for Accounting that you can use:
---
**Petition for Accounting**
**Court Information:**
- **Court Name:** [Probate Court Name]
- **Case Number:** [Case Number]
**Petitioner Information:**
- **Name:** [Your Name]
- **Address:** [Your Address]
- **Phone:** [Your Phone Number]
**Estate Information:**
- **Estate Name:** [Estate Name]
- **Decedent's Name:** [Decedent's Name]
- **Date of Death:** [Decedent's Date of Death]
**Petition Statement:**
I, [Your Name], respectfully request that the court order an accounting of the estate of [Decedent’s Name] for the following reasons:
- [Explain why you are requesting an accounting, e.g., lack of transparency, suspected mismanagement]
**Specific Requests:**
I request the following financial information and documentation:
- [List specific financial documents needed, e.g., bank statements, transaction records, asset inventories]
**Supporting Evidence:**
Attached are the following documents supporting my request:
- [List and attach relevant documents]
**Declaration:**
I declare under penalty of perjury that the information provided in this petition is true
again thank you so much, your a life saver :)
You're welcome, Patty! I'm glad I could help. If you have any more questions in the future, feel free to reach out. Have a great day!