Father passed in 2014. Mother passed in 2022.
answered on Apr 6, 2023
Assuming AZ house was owned JTWROS between parents, then when dad passed in 2014, the house effectively belonged solely to mother (even though nothing was recorded to reflect that). Then in 2022, the house became part of mother's probate estate. The Will giving the life estate probably governs... Read more »
as his sole and separate property. 3 children are the beneficiary's.
Question: Does "divide equally" mean the son has to buy the home from the trust?
Or, does it mean son gets the home as parents wish and whatever is left in the trust is then divided equally 3 ways?
answered on Jan 8, 2020
It is probably in your best interest to show the full trust to an estate planning attorney, because the information provided here seems incomplete. For example, if the trust first says that the house is to be conveyed to the son as his sole an separate property and then later the trust says... Read more »
answered on Apr 10, 2019
In addition to the other attorney's response, although by law the power of attorney doesn't necessarily expire, banks and financial institutions are notorious for not honoring powers of attorney that are more than a few years old. In other words, its a good idea to have them... Read more »
answered on Oct 20, 2018
This all depends on many factors such as your family makeup/dynamics, the types of assets you have, your health, expected longevity, and who you want to inherit those assets.
A will-based plan can be adequate for some people with even a few hundred thousand in assets depending on... Read more »
answered on Jun 8, 2018
Usually. Even people who take self-help routes will incur fees for form documents or software programs. This is a very important part of life planning for most people. Lots of money and heartache can actually be saved by doing it right. If you want advice to do it right, you will need to work with... Read more »
answered on May 18, 2018
Besides what my colleague has already said... Estate planning is not just about what happens at the death of one spouse, but also about what happens when the second spouse dies and what happens if either of you become incapacitated. Titling assets jointly covers you for the death of one spouse, but... Read more »
answered on Apr 20, 2018
If the will was validly created in another state, it will be valid here in Arizona. However, moving to a new state can bring up differences of administration and other things - so it might be worth contacting an Arizona estate planning attorney to review your will and ancillary documents.
We are puting 10% inheritance for our adult children in a will.
answered on Mar 29, 2018
If you both name each other as the sole primary beneficiary of your IRAs, then when the first of you dies, that deceased-spouse's IRA will NOT be part of the probate estate, but will pass by operation of law to the designated beneficiary (in this case, the surviving spouse). If that is not... Read more »
The morgage on it is expiring and I need to put the house in my name and refiance. I have lived here since 1960. all utilites are in my name I pay all the bills house payment and taxes and repaires. How can I put the house in my name.
answered on Mar 21, 2018
The answer to this question may be more complex than you were anticipating. I suggest that you contact a probate attorney near you to talk about your options. Among other things, the attorney will want to know if your father had a will that covered this house, how the house was titled, the value of... Read more »
My Uncle on my mothers side passed away. He had a Will that had my Grandfather listed, but all family passed away except me. I received a check via probate 3 years ago. Today the attorney called me and said I need to sign a release form and they will be mailing more court documents. What is this... Read more »
answered on Mar 5, 2018
It is hard to tell exactly what is going on without more information. I recommend you contact a local probate attorney for more guidance.
My stepmother passed away about a year ago.
answered on Jan 5, 2018
If your father made his will in Arizona prior to 1984, then itmight be deposited with the probate registrar in the county where he made that will. For most people however, the best way to find a deceased person's will is to look through the deceased's house, safe deposit box, and storage.... Read more »
Her other son is still living in the house all utilities in her name still and is spending the money in her account, he is not a signer on it.
He is not getting her death certificates so we can move forward with probate. What can we do?
answered on Dec 30, 2017
You may consider doing two things right away: 1) contact an attorney directly who handles probate, 2) have your husband request the death certificates.
My mother-in-law and my husband (her son, of course) have a very strained relationship, which recently came to a tipping point, thus forcing my husband to sever their relationship. He is the only known beneficiary of his mother's (very small) "estate". Is he obligated, by Arizona... Read more »
answered on Dec 21, 2017
No, a beneficiary is not obligated under Arizona law to accept items left to him/her in a will. And, yes, it is possible to disclaim an inheritance. However, one cannot disclaim a gift or inheritance until the gift or transfer is actually attempted. In the case of inheritance, this is only after... Read more »
There was no will and his father lived in Arizona. We also have 3 adult children and 1 minor child. Does this change anything? Are our sons still his grandchildren and receive their dad's portion of the estate? I was my husband next of kin.
answered on Dec 15, 2017
When someone dies without a will, they are said to die "intestate." When this happens Arizona's laws of intestacy dictate who will inherit that person's estate. Based on the limited information provided here, in the case of your former father-in-law, unless you bear some other... Read more »
I am the owner of the trust. If I die I have others listed as trustees. I want to make sure I don't invalidate the trust.
answered on Dec 14, 2017
I am answering the question under the following assumptions: (1) your house is properly titled to your trust, (2) your trust has been properly prepared to meet your wishes, and (3) you are the current trustee. If so, then insuring the house is fairly straight forward. Just be sure to contact your... Read more »
My husband and I got a Trust many years ago and we were living in California at the time. Since then my husband passed away (2000) and I moved to Arizona to be near my children. Do I have to do anything to the Trust, now that I live in Arizona?
Thank you for your help.
answered on Nov 8, 2017
Moving from one state to another does not necessarily mean the trust needs to be updated. That being said, an attorney would need to review the trust and your circumstances before giving any advice as to whether any further action on your part would be needed. I recommend that you contact an estate... Read more »
My father passed earlier this year and left no will. My father jointly owns 13.36 acres with my stepmother, she has two sons with my father. Due to the fact that there is no will do I inherit any of the property and how much?
answered on Nov 6, 2017
I apologize for the delay in answering this question. Assuming your step-mother is still alive - If your father owned the property jointly with your step-mother as joint tenants with rights of survivorship, then you will not be entitled to any portion of that property. If your father owned is with... Read more »
answered on Sep 28, 2017
There are very specific legal guidelines that a person must follow when he or she takes on the role of executor (or Personal Representative). One of the requirements is to provide certain notices to beneficiaries. In order to make sure you do not run into legal trouble, I recommend you seek the... Read more »
Personal Representative paid all undeveloped land taxes for 6 years until the Ward passes away and stopped paying the taxes upon the ward's death. The land are now in tax sale status by the County.
answered on Jun 13, 2017
While appealing a judges ruling may be available to you, without more facts, it is impossible to give any advice regarding whether appealing would be a good idea or even an option here. You ought to seek the counsel of an experienced probate attorney, specifically one who handles appeals and see... Read more »
My parents wanted their Trust to split their inheritance between their four direct children. In reading the document there is language like the above that we can't decipher because the "living issue of a deceased child" sounds so confusing. Can you shed some light on what that phrase... Read more »
answered on Jun 10, 2017
Just because the term "grandchildren" or "grandchild" isn't specifically mentioned, doesn't mean they can't be beneficiaries in certain circumstances. The term "issue" is usually a term defined within the trust agreement. Even so, it usually means lineal... Read more »
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