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 witnesses. He... 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 named... 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 June... 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 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 »
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 »
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.
It looks like your questions was cut-off. Please resubmit it.
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.
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.
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.
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 »
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.
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 »
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
