My mom got SSI direct deposited every month of $947. It is supposed to deposit to her account the 3rd of every month. However, her money has always hit a few days before that. She got her March check deposited on 02/26/2021. She paid her rent, bills, etc. She passed away on March 2nd with a whole... Read more »
I am answering here just to let you know that this is not a family law question. This is a question for a probate attorney. Family law refers to divorce and child custody cases. I think that because it was labeled family law, you haven't received an answer because this isn't an issue...Read more »
I was a successor to the trust. I was told my step brother is now successor. My dad wanted a church to get a percentage, I was told she removed them from the trust. I was told by my step brothers wife in secret, that it was asked if I should be removed aswell. I have no paper work on what is an... Read more »
In this home they left it because they had personal issues they had to take care of. Leaving us alone for several years to pay mortgage insurance in any other necessary payments. We did receive a letter saying they want to force Sale We did not agree because This is the only home we have and we are... Read more »
Due to many grammer and spelling errors this question is impossible to answer at this time. You need professional help and should get it. I recommend that you pay a lawyer to meet either in person (best) or via video chat (not as good as in person). Then discuss your situation to understand what...Read more »
Funeral home says need both parents permission. Tho he has not had any contact with mother in over 15 years. I had custody when he was a juvenile. He had said he wanted cremation for years. Does the funeral home need my ex wife's permission. She has no issues with the cremation. But the... Read more »
The law regarding burial and cremation in AZ is ARS 36-831. Cremation is not a right in Arizona. In order to be cremated one needs a cremation permit. In order to receive this permit the rule is generally that the decedent:
There are many ways to own property. Joint tenancy with rights of survivorship is the least efficient from an income tax perspective. You may also need to file a gift tax return if the value you are transferring is more than $15,000. Finally, if the family member ever has financial or legal...Read more »
What you describe does not sound like a holographic will, which is a will entirely in the handwriting of the person making it and signed by that person (even if not witnessed or notarized). So I believe that the short answer to your question is that the testator died without a will. As such,...Read more »
You don't have to sign anything until you have had the chance to review it with counsel. There are many fine probate lawyers in Arizona and the cost of a consultation will cost you very little and could save you thousands (or tens of thousands). Many of us will do virtual consultations after...Read more »
Before my father's passing, he pulled out funds from his 401K. There must have been some discrepancy in the amount paid to him, as Discover Financial Services sent him a cheque for the amount of the difference (about $400) in 2020. The issue is that this cheque was sent out several months... Read more »
I have a few questions though. If there is an Executor, a probate would have to be opened. The Letters of Personal Representative would give the company authority to issue the check. Only a court can appoint someone to be the Executor or Personal...Read more »
My subpoena revealed account numbers & signature cards. During a meeting with the banker they looked up one of the accounts & said there had been a substantial amount of activity giving the impression business was being conducted from an account. A call was made with me present. Banker said... Read more »
I am interested in writing a will, but I need two witnesses to this will. My brother, who will be receiving nothing from the will, will be one of the witnesses. Since I have no other witness, I was thinking about using a notary public from a bank to be my second witness. I have an account at a... Read more »
To sign a self-proving will in Arizona (which is the kind you want to have) you need 2 witnesses and a notary and everybody must be present with you when you sign. If I understand what you are proposing, you will be one witness short. In addition, your brother, if he is a beneficiary under the...Read more »
I have a copy of the will where he states who each property would go to. We also know he had life insurance and his business that was not distributed properly or at all for that matter. The homes he left to family in the will were in Forclosure due to the person not distributing everything the way... Read more »
I am a middle aged woman who is receiving SSI, and I would like to write a will. Upon my death, I plan on giving all of my household goods to a thrift store, and I would like to place money on the side to pay for any outstanding debts. Also, I am concerned about my personal information regarding my... Read more »
It is always tricky drafting legal documents without the assistance of a professional. I recommend talking with an experienced estate planning attorney or at minimum a certified legal document preparer. He or she can help you get squared away. Have a wonderful day!
How do you know that was not his wishes? Is it not possible that he knew he did not have much longer to live and took action (e.g., creating and funding a trust) to ensure that his estate would be distributed according to his wishes.
It is theoretically possible to overturn an estate plan,...Read more »
The answer to your question depends on a number of factors including how the title to the home was written and whether your parents had wills or a trust and what those documents stated. We would be glad to assist if you can provide our office with more information. As a child of your parents you...Read more »
Loan company was paid 19k from insurance. Deceased person left remaining balance of 1k due to late payments. Company asked for death certificate to pursue the executive of state but insist that I am liable for the remaining balance.
My mom was in the process of filing bankruptcy when she passed away 6 mo ago, but hadn't filed with court. I am successor trustee of her trust, but her attorney wouldn't release her file without a subpoena & retired within days of my contact with him. Without knowledge of who her... Read more »
It's generally good that the 4-month window has closed; however, there is a requirement to send a notice to all known creditors, as well. Creditors could argue that they are entitled to a notice directly. It depends on what steps you took to locate any known creditors. Another factor is how...Read more »
The Trustor was my Uncle, and he died in 2017. He and his ex-wife are co-trustees for the land trust, I believe his name is still on it because she couldn't get a death certificate (they divorced in 1987). The ex-wife wants to resign as co-trustee and walk away, leaving me the trust and... Read more »
In Maricopa County, AZ. Father was a widower with two equal heirs, myself and brother, he has (had) a will and trust document drawn up. I also obtained an estate EIN. His only account transferred as a POD account. No other assets, except this $1,800 check.
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.