Lawyers, Answer Questions  & Get Points Log In
Questions Answered by David Gerszewski
1 Answer | Asked in Estate Planning for Arizona on
Q: My father passed away in December 2022. He had a Will and a Trust listing his 3 adult children as recipients of all

assets and a niece as Trustee. The 3 of us do not have a copy of the Will or Trust and have not had a meeting to have them explained to us by the lawyer. The lawyer will only talk to the Trustee and Trustee refuses to allow us to attend a meeting with her. She said all assets were in the Trust... View More

David Gerszewski
David Gerszewski
answered on Jan 4, 2024

The lawyer's position is right. The lawyer represents the trustee. You can hire your own lawyer to discuss matters with the trust lawyer if you want. Your cousin should still follow guidelines for administering the trust according to Arizona law.

1 Answer | Asked in Estate Planning for Arizona on
Q: My husband changed his trust one month after his brain tumor diagnosis and died less than 2 months later. Legal?

The change he made was to transfer one half of his children's inheritance to his wife (the children's stepmother). This is a question for an Arizona lawyer - Tucson or Phoenix

David Gerszewski
David Gerszewski
answered on Jan 23, 2024

Assuming your husband was still of sound mind and the attorney followed all the Arizona state law requirements, it should be legal. You can contact an estate litigator and see if there is room to go to court to contest it.

1 Answer | Asked in Estate Planning for Arizona on
Q: Completed a will from a kit and had it notarized. No witnesses. Will this be valid when I die?
David Gerszewski
David Gerszewski
answered on Nov 30, 2023

In Arizona the Last Will and Testament will be valid, but it will not be self-proven.

2 Answers | Asked in Estate Planning for Arizona on
Q: Can an estate attorney refuse to have a (paid) Will review meeting with a named beneficiary and family member ?

The attorney that executed my mother's last will is refusing to meet with me for a review of the will. They are claiming they do not represent me, that I have to meet with my brother who is the Executor, and is also a named beneficiary. My brother is not an attorney. I believe the attorney is... View More

David Gerszewski
David Gerszewski
answered on Aug 4, 2023

At our law firm we do not talk to beneficiaries, only with the executor that hired us. We advised beneficiaries to look for their own attorney and legal representation.

View More Answers

1 Answer | Asked in Estate Planning for Arizona on
Q: In the state of Arizona, does a beneficiary of a trust have the right to enter a home that is in the Trust?

The home is to be sold and distributed among the beneficiaries of the trust

David Gerszewski
David Gerszewski
answered on Jun 12, 2023

I would recommend you talk to the successor Trustee of the Trust or have an attorney review the trust. A beneficiary may or may not be able to enter the house.

1 Answer | Asked in Estate Planning and Real Estate Law for Arizona on
Q: How should I title a house so that my share can go to my beneficiaries on my death?

My husband and I own three homes in Arizona as CPWROS. He has agreed that my share on two homes can go to my beneficiaries if I pre-decease him. I would file a beneficiary deed to accomplish this. I am sure the titles need to be changed from CPWROS. What is the best way to title the property so... View More

David Gerszewski
David Gerszewski
answered on Apr 24, 2023

Your question is not as straightforward as you would think. It will depend how the houses are acquired as well. I would recommend you work with an estate planning attorney to design a strategy to accomplish your goals. A beneficiary deed will not necessarily accomplish it.

3 Answers | Asked in Estate Planning, Banking and Probate for Arizona on
Q: Is the beneficiary on the deed to my deceased sister's home obligated to reimburse me for a mortgage payment?

My sister had a beneficiary deed on her home in Arizona. The beneficiary is an ex-friend who is also the named executor of her estate. The mortgage was being paid through automatic payments from an account in South Carolina.(where she used to live) I am the beneficiary of that POD account. Because... View More

David Gerszewski
David Gerszewski
answered on Feb 28, 2023

I would recommend you talk to an attorney in your state as new York law may be different. If it was in Arizona we would recommend submitting a claim as creditor of the estate for the mortgage payment.

View More Answers

1 Answer | Asked in Estate Planning and Elder Law for Arizona on
Q: Revocable living trust, dad past. Can she not read the will to the boys now, time limit on filing to make it irrevocabl.

Plus he has a special clause for if one of the boys get disabled the trust is to help him and he does not get his 20%. Pays for other items medicare does not pay.

David Gerszewski
David Gerszewski
answered on Jun 2, 2022

I would recommend you talk to an attorney review the Trust. Trusts with special needs considerations are usually more complex than a regular trust. It is very likely the trust may only became irrevocable after the spouse passes away, not after the first person passes away. An attorney will need to... View More

4 Answers | Asked in Estate Planning for Arizona on
Q: Re: A family trust 3 children, trust is to divide equally. In the trust, property is "conveyed' to one son by parents

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?

David Gerszewski
David Gerszewski
answered on Jan 8, 2020

The information provided is not enough to answer your question. We would recommend that you consult with a estate planning attorney and have the attorney review the trust for you.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.