It would provide no benefit at all. In fact, trying to move your assets when in this type of situation is likely to be considered a fraudulent conveyance. In Arizona, those laws can apply both civil and criminal penalties. There are also fraudulent conveyance statutes under the bankruptcy laws.... View More

Unless there is some reason to submit anything to court, such as an ongoing case, there is no reason to submit anything to court. Trust administration is private.

You will need a new certificate of trust naming you as the trustee and if on consent an affidavit from the prior trustee... View More

I strongly suggest you order a title search and consult with an attorney because these transfers may have left you with only half of the property interest which means the other half belongs to your boyfriend's estate.

"Right of Survivorship" in Arizona only applies to married... View More

Unfortunately, unless the estranged stepfather is going to withdraw voluntarily you are going to have to petition the court formally. I suggest that you may need legal counsel to advise you. A demand letter may be the first step to avoid any litigation, but if there is no positive response a formal... View More

In Arizona, an inheritance is generally considered to be separate property when received. If that applies your father's inheritance did not become community property. Therefore your mother is not entitled to the inheritance. However, in Arizona, spouses have significant inheritance rights and... View More

I agree with attorney Whitehurst that you must act immediately to hire an attorney. While you may certainly consult with a real estate litigation attorney I would suggest that you consider a consultation with a probate attorney that handles probate litigation. While very similar since it affects... View More

Whether the estate is trust based or will based, the estate is responsible for payments of any debts against the estate. If creditors are known they must be paid unless there is some basis to question them. Additional notice to creditors needs to be published to notify other creditors.... View More

There is not enough information in your questions to provide a full answer. It may depend upon the amount of the check and the possible beneficiaries. If the amount of the check is below the amount required for filing probate in Arizona you may be able to contact the issuer and have them re-issue... View More

This sounds like you are attempting to use a beneficiary deed instead of a proper estate plan.

Beneficiary deeds are intended to be used for simple transfers of real property after a person's death. While what you are suggesting can be inserted in the deed, it is highly likely that... View More

When a person has a trust, it becomes irrevocable upon their death. The successor trustee of has a fiduciary and legal obligation to report to the beneficiaries of a trust.

At a minimum, assuming you are a beneficiary, you should have been provided with, at a minimum, a copy of the... View More

Unfortunately this happens too often. The life partner probably feels some entitlement and does not want to deal with the fact that she (or he) has no legal right to your father's property. It is concerning that this has been allowed to linger since September, but I your recommend drafting a... View More

The proper way to do this is to record a revocation of the beneficiary deed and then record a deed from you to the trust. Quitclaim deeds are an invitation to potential disasters.

The answer to this question is in a reading of the deed. That document controls what happens.

For most Arizona deeds for married couples, the title is held in community property with an additional paragraph or page that says upon death the share goes to the surviving spouse. Older deeds... View More

Ms. Whitehurst is absolutely correct. You should request a copy of the trust. I suspect that you will not get a response and should consider hiring an attorney to make the request for you.

You have to understand though that if your step mother had the right under the trust to control the... View More

If nothing was filed with the courts, then they are only named as Executors, they have no power as they are not court appointed. I presume you are living in the property, but you need to speak with an attorney sooner rather than later. They are taking advantage of you, not following proper... View More

I agree with Mr. Pennington. You question is a bit confusing because you should have just done a deed of distribution from you as the Personal Representative to you as a beneficiary. It is unclear what you did and why you did it. I also recommend that you hire counsel to resolve this as soon as... View More

Totally agree with the other attorneys. I would not be surprised if you are presented with the document and asked to sign it right then and there. Unless you are totally comfortable with what it say and what it means. Do not do that. Ask for time to think about it and then call an attorney.

I agree with Mr. Pennington. I have seen too many cases where this is not done properly and when one party dies, the failure to plan this out creates very unintended and unfortunate events. This is further complicated by the fact that you are married. If you want to protect the potential gift of... View More

I agree with my colleagues that this is pretty normal. What is missing from your question however is whether or not you have been provided with any information about the estate. If you have been provided any kind of accounting of what the estate consisted of, what the expenses were and what the... View More

I would only add to Peter Westby's answer, which I agree with, that you should be aware that you or more likely the estate might be liable for the attorneys legal fees up to the point of termination. Your engagement agreement might control that.