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Questions Answered by Ryan K Hodges
2 Answers | Asked in Probate for Arizona on
Q: My mother passed away this year in Maricopa county. Her house has about $144k in equity and I want to buy out 2 brothers

I am the personal rep of her estate. Will I need to do Deed of Distribution and quitclaim deeds for the two brothers? Also, one is in jail so what happens to his part of the buyout and how do I get those forms signed?

Ryan K Hodges
Ryan K Hodges answered on Sep 13, 2021

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.

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1 Answer | Asked in Probate for Arizona on
Q: Az Probate statute of limitations? Personal Rep failure of duties. Thank you
Ryan K Hodges
Ryan K Hodges answered on Aug 2, 2021

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.

1 Answer | Asked in Probate for Arizona on
Q: When filling out the valuations of property for probate, do you use the tax valuation or the market value for a house?
Ryan K Hodges
Ryan K Hodges answered on Jul 12, 2021

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

2 Answers | Asked in Probate for Arizona on
Q: Does a mother become next of kin if son dies but has a son as well?
Ryan K Hodges
Ryan K Hodges answered on Mar 31, 2021

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.

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3 Answers | Asked in Probate for Arizona on
Q: Father who was married when he expired had no will. What rights does the children have when it comes to his assets?

His assets include a condo, vehicles, and personal items.

Ryan K Hodges
Ryan K Hodges answered on Feb 8, 2021

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... Read more »

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1 Answer | Asked in Family Law and Elder Law for Arizona on
Q: What is " Power of Attorney " for?

Well what rights does that give you ? An under what what kind of circumstances would it be used for?

Ryan K Hodges
Ryan K Hodges answered on Sep 8, 2020

"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... Read more »

3 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Somehow my dad's ex girl friend was a beneficiary on his bank account and took 117000 out can I contest the beneficiary

they haven't been together in over 7 years and they only dated for 4. I can't even believe he had her on the account in the first place. Also, it was in a money market account not his checking shouldn't the money market account have a different beneficiary

Ryan K Hodges
Ryan K Hodges answered on Aug 7, 2020

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.

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2 Answers | Asked in Probate for Arizona on
Q: My brother and I are the only 2 hiers for my mother which I am executor my mother was willed a house but did't transfer

My mother did not transfer deed before she passed I am currently living in house it is going to be separate probate is my brother entitled to half

Ryan K Hodges
Ryan K Hodges answered on Jul 28, 2020

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.

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3 Answers | Asked in Probate for Arizona on
Q: My mom died without a will Dec 2, 2019. Her only major asset is the house, located in Park Scottsdale.

There is a reverse mortgage and credit debts, as well as this year's property tax, probably totalling a little over $300,000. This area is being re-developed- a teardown was bought across the street and the new build sold for 1,150,000. Our lot is about 1/4 acre, to be sold as is. How do I... Read more »

Ryan K Hodges
Ryan K Hodges answered on Jul 27, 2020

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... Read more »

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2 Answers | Asked in Probate and Estate Planning for Arizona on
Q: Do you have to wait 6 months to file the small estate affidavit?
Ryan K Hodges
Ryan K Hodges answered on Jun 25, 2020

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.

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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 »

Ryan K Hodges
Ryan K Hodges answered on Jun 8, 2020

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.... Read more »

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1 Answer | Asked in Elder Law for Arizona on
Q: Hi, What limits exist on transferring a home to an SSI/SSA receipient without effecting benefits? Thanks
Ryan K Hodges
Ryan K Hodges answered on May 18, 2020

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... Read more »

2 Answers | Asked in Probate for Arizona on
Q: If an estate is in probate, do creditors file a claim with the court or with the estate's executor?
Ryan K Hodges
Ryan K Hodges answered on May 13, 2020

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

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2 Answers | Asked in Estate Planning for Arizona on
Q: Will a trust with specific recipients, keep property and funds to those individuals if I exclude spouses and ex's?

or will CA or AZ law grant 50% to spouse? This includes equity in home to be kept as family home and an account of $100000. Is there a safe way to avoid the 50%

Ryan K Hodges
Ryan K Hodges answered on Apr 23, 2020

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... Read more »

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2 Answers | Asked in Probate for Arizona on
Q: If someone had given me power of attorney of his estates and money and then he passed how do I claim what he left?

My sister was seeing a man for a few yrs that was older than her. He had no family and wasn't married and wanted to leave everything to her. He had several homes and was very wealthy. About 2 yrs ago he drew up a power of attorney leaving everything to her and had it notarized with 2... Read more »

Ryan K Hodges
Ryan K Hodges answered on Mar 28, 2020

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.

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1 Answer | Asked in Probate for Arizona on
Q: Does executor of a will have to show a the will even if it doesn't go to probate
Ryan K Hodges
Ryan K Hodges answered on Mar 13, 2020

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.

1 Answer | Asked in Probate for Arizona on
Q: If I am the representative of my husband's estate in AZ, can I purchase his houses with my personal funds?
Ryan K Hodges
Ryan K Hodges answered on Feb 23, 2020

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.

2 Answers | Asked in Estate Planning, Banking and Elder Law for Arizona on
Q: I have a General PoA for my elder dad, but bank requires a Durable poa. How can I get one if he's not cognizant?

He is currently hospitalized, but will be returning to long term care facility, and probably shortly, Hospice. His bank is requiring me to obtain a Durable PoA, but, obviously, I won't be able to get that prior to his passing. They said there are other instruments? My brother and I are... Read more »

Ryan K Hodges
Ryan K Hodges answered on Dec 2, 2019

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.

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1 Answer | Asked in Probate for Arizona on
Q: Can I file probate for property my father has in AZ?

My sister is the executor of my fathers estate in FL. Her and I are close and have no issues. Is it possible for me to file probate for land my dad has in AZ since I live here? Or does she have to file?

Ryan K Hodges
Ryan K Hodges answered on Nov 6, 2019

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...
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1 Answer | Asked in Elder Law for Arizona on
Q: Can rest homes deny family visitation?

My father-in-law has basically disappeared. My brother-in-law states he is in a retirement home and the retirement home will not allow any visitors - not even family. Brother-in-law is withholding the address of the home. Something is very fishy. How do I find out what home my father-in-law is... Read more »

Ryan K Hodges
Ryan K Hodges answered on Oct 30, 2019

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.

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