AZ Probate case in litigation since 2008 – Settlement Conference in two weeks.

Background – Father and wife had trust written before he died. All property was to be split between all seven children. Wife has two, Dad has five. Judge has stated very poorly written. We started lawsuit due to Father’s second wife giving all properties to her biological children and nothing to our Father’s kids. There are three properties but the property my dad lived on my father wanted kept in the family to keep family traditions going. (It is also the property with the least value)

Now wife and her children are stating wife has Alzheimer’s and since she is homeless, she has to move out to this property. She has not lived out there in over twenty years including the last 15 my father was alive. She has sold one property and quit claimed the house she has been living in to her son. Her son lives down the street in the house she bought him when we stopped her from giving my dad’s property to him. Her daughter is stating that mother is homeless and daughter is unemployed and she needs to live with her to take care of her. Daughter has a house she gave to her daughter along with her business when she moved into mother’s house after my dad died.

They have no intention of living on this property. They will say they are just to keep us from having access to it.

Our attorney says it is irrelevant as to why she wants to move out there and although she may be trying to slip one past the court, it does not matter regardless of her motives.

I say it is relevant and I think the settlement judge needs to know all the extenuating circumstances. I know our attorney will tell me that we cannot give the judge that stuff. I want to know if I can send it to the judge anyway. Would appreciate any input anyone can give me.

Also, since my Dad’s wife and her daughter are stating she has Alzheimer’s shouldn’t we push for the successor trustee to take over. Our attorney says we cannot ask for medical records.

None of this makes since to us, please help.

You cannot contact the judge directly. That is ex parte communication and is not allowed. Your attorney is the best person to answer your questions as he or she knows the laws of evidence in your state and what can and cannot be admitted at your conference. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.