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

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.

There is a piece of information that may missing from your question. That is, whether the property was in the name of the trust or her name only. The answer to that question will help guide your question about which direction you have to go. If the house is in fact in the trust which your question... View More

Thank you for your question. Unfortunately it is a complicated one that requires more information. At the outset, you refer to debtors, but presumably you mean creditors? The answer to this question really depends on a reading of the irrevocable trust to determine if the payments to the beneficiary... View More

Title to vehicles are transfer with signatures on the truck title. Giving you the truck and keys, while evidence of your friend's intent does not give you title. The person or persons legally entitled to the truck, if there was no will, is your friend's family. You may want to reach out... View More

I totally agree with attorney Pete Westby. I would suggest you do a search with the Maricopa County Recorder to determine whose name is on the title. Meeting with an experienced probate attorney is in order.

You may have to open a probate as a creditor of the estate, but I would suggest starting with correspondence to the son about this. Perhaps a letter from an attorney might help resolve this without going to court.