The buyout can take various forms. The most straightforward version is to buy it from the estate for fair market value. The estate would then later split the money when the time comes.

It sounds like you are asking what the statute of limitations is for a personal representative who does not fulfill his or her duties. The timeframe is two years for such.

You can use either one. Just make sure you specify which it is.

If your son has a son (your grandson), then the grandson would be the next closest heir, assuming your son is not married. If your son is married, this his spouse would also be an heir.

Under Arizona law, when a married person dies without a will and has children from a previous marriage, the children from the previous marriage are entitled to one-half of all property that belonged solely to the person who died and half of the deceased's half of the community property. What... View More

"Power of Attorney" is a term commonly used for a legal arrangement where one person (the principal) gives legal authority to another person (the agent) to make certain decisions or to do certain acts on behalf of the principal. A power of attorney can be general to cover many... View More

You could challenge the beneficiary designation. It may be difficult though and would heavily depend on the facts of your situation. You should consult a probate litigation attorney.

You should consult an attorney and provide the relevant documents and wills for the two estates. The house will probably still pass to your mom's estate and then would pass to her two heirs equally unless there are wills or other documents that would change this result.

To be a small estate, the estate must have less than $75,000 in personal property (bank accounts, cars, investments, etc.) and less than $100,000 in equity in real estate. The valuation for the property is determined by the county tax assessed value. You can also deduct any mortgages owed on the... View More

If the small estate affidavit is for real property, then yes. You also have the option of opening a normal probate if you do not want to wait that timeframe.

If the assets are still titled to your mom personally, then you may need to file a probate to transfer them to the trust. If they are already titled to the trust, then you do not need to retitle them with you as trustee. However, you should inform banks that you are now the acting trustee.... View More

Thank you for your question. Unfortunately, it is a complicated one that requires more information. There could be multiple options depending on the circumstances of the individual and who is transferring the house. This is a vague answer because your question raises a lot of issues. I recommend... View More

In Arizona, you can actually do either one. You can also file a lawsuit against the estate if that is appropriate.

Gifts or devises made to a married person in AZ do not automatically become community property. They are retained as separate property unless the married person does something to compromise that status like putting the money into a joint account with the spouse. This can be avoided by keeping the... View More

You are calling the document a power of attorney, but it sounds like it was actually a last will and testament. You should contact an attorney to look it over and see what it actually is. The attorney should be able to help you determine next steps as well.

Technically no. But an interested party good get a court order to have get it. If an heir needs the will to get an inheritance or to deal with the estate assets, then the heir should be able to get it.

Probably yes but you need to make sure you purchase it for a fair price especially if there are other heirs. You should probably even get all the heirs to agree on the price.

If you dad is in Pennsylvania, then you should probably consult an attorney there regarding options. In Arizona, most attorneys draft all POAs as durable one, but the law may be different in PA.

It is possible for you to apply to be appointed as the personal representative in Arizona to handle the AZ property.

You then proceed more or less like a normal probate. However, the process is simpler if your sister files to have her authority recognized in Arizona rather than having... View More

That is unusual. You may want to talk with a guardianship attorney about the situation. Does the brother-in-law have a power-of-attorney for your father-in-law? You may need to get the court involved to order disclosure of information and visitation privileges.