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Questions Answered by Stephen J Gonzalez

1 Answer | Asked in Probate for Arizona on

Q: My mother just passed and a girl was watching over her that she just met she had everything put in her name and power of

Attorney I was working so much I thought I could trust her a week before she passed I was served with a protection order to stay away from my mother she stopped all the family from seeing her . Now they are sending my mother to science. What do I do my mom would not have done she had my mother over... Read more »

Stephen J Gonzalez answered on Mar 29, 2015

You need a lawyer.

1 Answer | Asked in Probate for Arizona on

Q: Hi, If an personwith no will dies & leaves credit card bills, are the heirs liable for them?

The heirs are the receiptants of a life insurance policy.

Stephen J Gonzalez answered on Mar 29, 2015

No, unless those debts were incurred during a marriage then the spouse may be liable. However, if there are assets in the estate, heirs who receive those assets can be liable to the extent of the value of the assets. Decedent's assets are to be used to pay debts before distributions to heirs.

1 Answer | Asked in Probate for Arizona on

Q: I am executer of my father a estate three years ago . And I don't remember if I closed it or not. . How do I find out?

Stephen J Gonzalez answered on Mar 29, 2015

Review the court's probate file. It will have the Closing Statement and such if you filed it. If not, it should be closed if all assets have been distributed and debts paid,

1 Answer | Asked in Probate for Arizona on

Q: My late husband had debts that far exceeded his assets. The house was deeded as right of survivorship.

are the household goods, appliances, and wedding gifts part of personal property as his estate?

Stephen J Gonzalez answered on Mar 29, 2015

The real property is controlled by the deed and is not part of the probate estate due to the survivorship right in the deed. Youir late husbands part of household goods, appliances, and wedding gifts and other personal property are the probate estate; the other half is already yours.

1 Answer | Asked in Probate for Arizona on

Q: Are you required to sell the house to satisfy creditors showing outstanding debt/judgments on credit report of decedent?

My wife is an only child and explicitly exempts other siblings from the will. The will explicitly conveys the house to my wife. Her mother is a widow. There are creditors with an approx. value of 16K of debt owed. There are no other monies or assets (other than personal effects) than house. I value... Read more »

Stephen J Gonzalez answered on Mar 28, 2015

You are not required to sell the assets but the debts should be paid to the extent of the value received by inheritance. Estate assets should not be accepted without paying the decedent's debts.

Also, the is a federal law called the "Garn Act" that prohibits a lender from demanding the...
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1 Answer | Asked in Real Estate Law for Arizona on

Q: What is the difference between re recording and correction of a document?

Stephen J Gonzalez answered on Mar 28, 2015

The correction of a previously recorded document is re-recorded in order make the correction on the public record: mistake in legal description; omitted marital status; and so on. The re-recorded document should reference the recording info for the document that is being corrected.

1 Answer | Asked in Real Estate Law for Arizona on

Q: buyer in Arizona asking for pre-occupancy agreement

We are three days before clise and our buyer has her down payment in to the title company. The loan documents are going to be delayed pending her submission of pay stub. She is now asking for pre-occupancy agreement. Does this put me, the seller at risk?

Stephen J Gonzalez answered on Mar 28, 2015

Yes it does put you at risk. Too many potential issues if the sale does not promptly close. Not a good idea. If you do it, you should have a well drafted pre-occupancy agreement and get a deposit.

1 Answer | Asked in Real Estate Law for Arizona on

Q: Is there a contract if a counter was made by seller, accepted by buyer, but not communicated or delivered to Seller?

Seller rescinded offer and was not in receipt of a signed acceptance. Agent claims Buyers signed contract before Seller rescinded offer but did not provide signed contract to Seller. Is there a contract and is there a commission owed?

Stephen J Gonzalez answered on Mar 28, 2015

No contract. Commission not likely due. It depends on the contract terms with the agent.

1 Answer | Asked in Real Estate Law for Arizona on

Q: I sold home. New owners parked an RV in backyard in which a water pipe broke. New owner says we should now pay repairs.

We never had heavy weight autos in yard. Never had a water break before. A neighbor told the new owners we did have a water break in past. Which is false.new owners say we failed to disclose it. We never had a break. What can we do?

Stephen J Gonzalez answered on Mar 28, 2015

Tell them "no" as having no factual or legal basis for a claim against you.

It sounds like they caused their own leak but it is likely that you did not warrant any physical condition of your former home past the time escrow closed. The usual warranty in the sale agreement is that...
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1 Answer | Asked in Real Estate Law for Arizona on

Q: Can I use a quit claim deed to assign my interest to my sister who is completing a small estate affidavit real property

Can I use a quit claim deed to assign my interest to my sister who is completing a small estate affidavit real property transfer. Our father is deceased and left no will. only us kids left. ARS14-3971 says only one can claim (no one else has an interest). The affidavit instructions say all other... Read more »

Stephen J Gonzalez answered on Mar 28, 2015

I think that you misunderstood the statute or the instructions are incorrect. More than one person can claim an interest by the transfer affidavit. If your father passed without a will, then his interest goes to his heirs by intestate succession. If no spouse, then to his surviving children in... Read more »

1 Answer | Asked in Probate for Arizona on

Q: Hello,My mother recently passed away and I have been left the executor of the estate. She has a large amount of debt

Though I promised her I would not sell the house. Her partner of 17+ years and I are currently living in the residence. If we lose our home we will have nowhere to live... I want to do everything possible to keep the property. During probate can I re-finance the house to pay the creditors? The will... Read more »

Stephen J Gonzalez answered on Jul 27, 2014

You should see a probate lawyer. There are inexpensive title transfer procedures available and you need counsel as to handling of the debt. You are not responsible for your mother's debt. The estate assets are subject to that debt and only to the extent there is value.

1 Answer | Asked in Probate for Arizona on

Q: How long do I have to protest my boy friend of 25 years probate.Family promised the jewerly and furiture I purchased.

Stephen J Gonzalez answered on Jul 27, 2014

To contest probate, it is usually 4 months from when you receive the required notice. If you owned the property, it would not be subject to your boyfriend's probate. You should get a lawyer.

1 Answer | Asked in Probate for Arizona on

Q: What do I do to sell real property in California when I am the P.R of the estate in Arizona

Stephen J Gonzalez answered on Jul 27, 2014

You will probably need to have an ancillary probate in California. It is a streamlined form of probate. An Arizona court cannot transfer title to California property. Please consult California legal counsel familiar with probate.

1 Answer | Asked in Probate for Arizona on

Q: My son was willed a property

How does he find info to go about claiming. We live in Las Vegas and would appreciated any information. Thank you so much.

Stephen J Gonzalez answered on Jul 27, 2014

He needs to contact a probate lawyer in the state where he thinks he was willed property. It would be helpful for that lawyer to know the address of the property as well if you have it.

1 Answer | Asked in Real Estate Law for Arizona on

Q: I signed legal documents to close on a home while in the hospital on a morphine drip, is this legal?

Stephen J Gonzalez answered on Jun 21, 2014

It sounds unwise that you were given a contract to sign, in the hospital while on a narcotic. If the morphine affected your capacity to contract, it may be a way out of the contract. It depends upon whether a doctor will testify to that. There may also be other ways out of the purchase contract,... Read more »

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