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.
His assets include a condo, vehicles, and personal items.
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 »
Well what rights does that give you ? An under what what kind of circumstances would it be used for?
"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 »
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
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.
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
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.
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 »
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 »
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.
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 »
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 »
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 »
In Arizona, you can actually do either one. You can also file a lawsuit against the estate if that is appropriate.
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%
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 »
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 »
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.
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 »
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.
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?
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... Read more »
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 »
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.
What can I do to have the water turned on in the meantime
If the home is in probate, then the personal representative should be able to get the water turned back on.
My Father was diagnosed with Glioblastoma Brain Cancer in April 2019. Immediately, he was deemed unable to drive and was put on anti seizure meds. Here's a quick timeline of events as they occurred in order.
1. Cancer diagnosis April 2019.
2. Created or changed will and trust... Read more »
The short answer is that you can contest the will and estate distributions because you are his son. However, the outcome is far from certain one way or the other. You should seek a consultation with an attorney to review your father’s entire estate plan and possibly also his medical records.... Read more »
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... 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 »
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