Questions Answered by Ryan K Hodges
Q: My mother passed recently involved in a class action lawsuit, with no will. My sister wants me to waive the bond she
Would have to buy to secure my other brothers and sister and I. I don't feel comfortable waiving that bond because for one she already cleaned my mother's house out took all her jewelery and said all that was left was cleaning supplies and clothes, my grandparents are claiming my mother's vehicle... Read more »
The bond serves to insure that your sister properly administers the estate. If she steals assets from the estate and does not have them to return, then you could get reimbursed from the bond. Waiving the bond does not absolve the personal representative from liability to mismanagement, but the bond... Read more »
Q: My mom in stepdad owned a house as joints tenants. My mom died 6 months before my stepdad.
I am an only child and my stepdad has only one son. There was no will or other documents that can be located. Am I entitled 50 percent? Thank you
If a house in owned as joint tenants with rights of survivorship, then the surviving joint owner becomes the sole owner upon the death of the other joint owner. Thus, your step-dad would be the sole owner when he died, and the house would pass according to his estate plan, and if none, then to his... Read more »
Q: My friend died but before he did he sent a letter to his financial advisor stating he wanted to leave me 50%.
The estate is now in Probate will this letter hold up in court and Grant me the 50% of his assets that he left for me. State of Arizona he was my boyfriend for a year and a half.
The letter could be construed as a will if it meets the requirements for such. You should consult with an attorney and have him or her review the letter to see if it is a valid will. If the estate is already in probate, you may need to act quickly as there are deadlines that may affect your rights.
Q: Can a child of a deceased who has p of a while the deceased is still living transfer money from accounts before or after
It looks like your questions was cut-off. Please resubmit it.
Q: My dad wants to make me the executor of his estate and he needs to make a will. How quickly can this be done?
Father has net worth in millions including real estate, precious metals, stocks, insurance, etc.
Estate planning can be done fairly quickly, within a few weeks or faster if the circumstances require it. You should contact an attorney to get the process started.
Q: Can a will be successfully contested in AZ if the person had Alzheimer's during the time of the writing of a new will?
It is possible to successfully contest a will if the person had Alzheimer's. However, a diagnosis of Alzheimer's is not definitive. A persona can still have testamentary capacity and a dementia diagnosis.
Q: Can one attorney handle deed issues in 2 different counties in Arizona?
Mom is in hospice in Texas. She owns a property in Maricopa and Gila counties. Will need to get daughters name added to the deeds of these properties and on the Maricopa property we need to remove her husband who passed away.
Yes, an attorney should be able to handle deeds in two different counties within Arizona. Deeds from other states may be a problem.
Q: My Grandma passed, acouple months ago before she died she signed the title/deed over to my mom & aunt is probate needed
My Grandmother passed away recently. Acouple of months ago my mom and aunt got the deed/title notitorize and put into there name. The title company is saying it has to go to probate...but no one is contesting and grandmother was of sound mind, my mom, and 2 aunts are the named in the will, their... Read more »
It is difficult to say how this might be resolved without more information. You should contact an attorney, and the attorney can review the deed history and title commitment from the title company. It sounds like the house was not wholly or properly transferred from your grandma to her kids. In... Read more »
Q: Do i have any right to contest a will (trust) that specifically excluded me and left out my brother?
all of these apply: (1) the will an "unnatural disposition" - are two of the person's three children excluded with only one inheriting? (2) Did the new beneficiary start taking assets before the person passed away? (3) Did the new beneficiary end up with almost all of the person's assets to the... Read more »
Probably. You should consult with an attorney to discuss the specifics of your case.
Q: Can a trustor remove assets from a revocable trust? How does that effect the trust after death?
If the trustor is also the trustee or retained the power to direct the trustee regarding property distribution, then the trustor can, in effect, remove assets from a trust. After the death of the trustor, the assets will not be part of the trust, and a probate of trustor's estate may be needed for... Read more »
Q: My wifes grandma recently passed, am I entitled to any of my wifes inheritance??
Been married 20 years....We are still married. I was on her grandmothers will until just before she died. Also would like any probate court information for Arizona probate.
Unless your wife's grandma's estate documents (will or trust) state that you are entitled to inherit, then you would would not normally inherit anything by virtue of being married to an heir.
Q: I want to transfer my home into a revocable trust. I was told I need to submit an affidavit of property or state an exe
exemption. What exemption applies?
The exemptions are found at A.R.S. § 11-1134, https://www.azleg.gov/ars/11/01134.htm. Subsection (B)(8) usually applies to transfers to trust, but you should review it and the others to be sure it fits your situation.
Q: my husband and I jointly own new vehicles with clear titles, don't yet have wills but intend for them to go to our son.
If we appoint him POA with the ADOT MVD form 48-1001 can he transfer the titles to his name in case we are unable to before our wills are drawn up? could he also do that with a durable generable POA?
An agent under a power of attorney cannot usually transfer assets to himself. That is typically considered self-dealing and not allowed. On the other hand, you may look into ADOT MVD Form 96-0561, Beneficiary Designation for Vehicle Title Transfer Upon Death, and really you should get a last will... Read more »
Q: When does a POA expire? At death?
A POA can have a specified time to expire. If it does not have a stated expiration date, then it ends at death.
Q: mom had a trust agreement in place, but had a TD Individual account with no beneficiary is probate needed in AZ
You may need a probate. It depends on the value of the account, and the other estate planning your mom had in place. You should consult with an attorney.
Q: What form would I use if I was to receive money from someone who died.
Had hand written dictation by person before death where all property and monies were to be divided. Don't know that it was upheld.
Determining what form to use with for a probate proceeding depends on the facts of the case. You should seek a consultation with an attorney to explain the situation further and to seek guidance.
Q: Is there a specific format that an amendment to a Revocable Living Trust in Arizona must be in to be considered legal?
Can an amendment to a living trust be challenged in court and overturned by an interested party in the trust based on incorrect format of the amendment, which was drafted by a legal document preparer and not a lawyer, and if so what would be the process or specific form to complete for an... Read more »
An amendment can be challenged if it does not comply with the form of an amendment provided for in the trust or if it has other legal defects. As far as I know, the court does not offer a particular form for doing so. The court has a generic objection form that could be adapted to that purpose.
Q: Under a Durable Health Care POA, can an alternate representative temporarily take over for a primary representative?
In my sister's Durable Health Care Power of Attorney, she appointed her son as her representative to make health care decisions in the event of her incapacity, and she appointed me as her alternate representative if her son is unavailable, unwilling or unable to make decisions for her. My sister... Read more »
You will need to review the power of attorney document itself. POAs can specify what it means for the agent to be unable or unwilling to act on behalf of the principal. If the POA does not have such language, it is best to get the other agent to resign. The resignation can be temporary or permanent.
Q: My grandmother passed away and my mother was her executor, my mother passed away in November of 2018 I'm told someone
New has to be appointed executor it is for stock we can't get the money until then we are still getting dividend checks I'm not cashing them. What do I do?
You may need to get a new executor appointed depending on the status of the estate and remaining assets. You should consult with a probate attorney.
Q: Is a joint tenancy deed executed and notarized 2017 not recorded until 2019 is it still valid
The deed is probably still valid assuming the owners under the deed have not sold their interest in the meantime.
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