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Questions Answered by Gregory Christopher Poulos
3 Answers | Asked in Probate for Arizona on
Q: Can a PR (who is also a beneficiary) withhold inheritance until beneficiary sign a waiver/release/contract?

And Does a beneficiary have to waive all their rights in order to get an inheritance?

Gregory Christopher Poulos
Gregory Christopher Poulos answered on Jul 20, 2020

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... Read more »

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3 Answers | Asked in Probate for Arizona on
Q: What are my rights on firing my current lawyer in the middle of a probate case
Gregory Christopher Poulos
Gregory Christopher Poulos answered on Jul 15, 2020

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.

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: As successor trustee of my mother's revocable trust, am I required to transfer title of her property?

My mother passed away a month ago. I am successor trustee of her revocable trust and executor of her will (she resided in AZ). I plan on selling her property right away. Am I required to transfer title in c/o my name as TTE? It was suggested I file informal probate bc she owed a substantial amount... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on Jun 8, 2020

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... Read more »

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1 Answer | Asked in Estate Planning for Arizona on
Q: Are assets in a irrevocable trust az state pay to debtors before sole beneficiary
Gregory Christopher Poulos
Gregory Christopher Poulos answered on May 17, 2020

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... Read more »

1 Answer | Asked in Probate for Arizona on
Q: My friend before passing away gave me her truck and keys
Gregory Christopher Poulos
Gregory Christopher Poulos answered on May 8, 2020

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... Read more »

3 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My father passed five months ago and there’s no open probate and his will has not been recorded. Is this normal?

My father and I didn’t have a lot of contact over the years, but he did tell me both that he had a will and that I was included in it. I don’t know how to find out since there appear to be no records. I believe my half-sister is living in his home and possibly intentionally concealing his will.... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on Apr 16, 2020

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.

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1 Answer | Asked in Civil Litigation and Probate for Arizona on
Q: I have a question about getting property back from an estate where the person died without a will.

My ex husband and I were married for 15 years. We divorced in 2015. In 2016, my ex husband and I had moved back in together into the home we shared while we were married. If Feb 2018 we had a fight and he filed a restraining order against me, preventing me from returning to the house and getting... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on Mar 20, 2020

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.

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?

Gregory Christopher Poulos
Gregory Christopher Poulos answered on Jan 9, 2020

I agree with the other attorneys who have responded. Understanding that I have not read the trust it appears possible that the trust is addressing two separate distributions - one for the home and a second general distribution to be divided equally between all three children. If the trust says the... Read more »

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