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Questions Answered by Ryan K Hodges
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.

1 Answer | Asked in Probate for Arizona on
Q: My mom died almost a year ago her home is in Probateontest I m the only one on it. Water company wont turn water on

What can I do to have the water turned on in the meantime

Ryan K Hodges
Ryan K Hodges answered on Oct 21, 2019

If the home is in probate, then the personal representative should be able to get the water turned back on.

2 Answers | Asked in Probate for Arizona on
Q: Should I contest will & what are possible outcomes? Father created will & marries after terminal brain cancer diagnosis.

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 »

Ryan K Hodges
Ryan K Hodges answered on Sep 23, 2019

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 »

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2 Answers | Asked in Probate for Arizona on
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 »

Ryan K Hodges
Ryan K Hodges answered on Sep 5, 2019

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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2 Answers | Asked in Probate for Arizona on
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

Ryan K Hodges
Ryan K Hodges answered on Aug 8, 2019

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 »

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1 Answer | Asked in Probate for Arizona on
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.

Ryan K Hodges
Ryan K Hodges answered on Jul 17, 2019

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.

1 Answer | Asked in Estate Planning for Arizona on
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
Ryan K Hodges
Ryan K Hodges answered on Jul 15, 2019

It looks like your questions was cut-off. Please resubmit it.

1 Answer | Asked in Estate Planning for Arizona on
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.

Ryan K Hodges
Ryan K Hodges answered on Jul 12, 2019

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.

1 Answer | Asked in Probate for Arizona on
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?
Ryan K Hodges
Ryan K Hodges answered on Jun 11, 2019

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.

2 Answers | Asked in Estate Planning and Real Estate Law for Arizona on
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.

Ryan K Hodges
Ryan K Hodges answered on Jun 5, 2019

Yes, an attorney should be able to handle deeds in two different counties within Arizona. Deeds from other states may be a problem.

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1 Answer | Asked in Probate for Arizona on
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 »

Ryan K Hodges
Ryan K Hodges answered on May 22, 2019

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 »

1 Answer | Asked in Estate Planning for Arizona on
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 »

Ryan K Hodges
Ryan K Hodges answered on May 8, 2019

Probably. You should consult with an attorney to discuss the specifics of your case.

1 Answer | Asked in Estate Planning for Arizona on
Q: Can a trustor remove assets from a revocable trust? How does that effect the trust after death?
Ryan K Hodges
Ryan K Hodges answered on Apr 24, 2019

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 »

1 Answer | Asked in Probate for Arizona on
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.

Ryan K Hodges
Ryan K Hodges answered on Apr 22, 2019

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.

1 Answer | Asked in Estate Planning for Arizona on
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?

Ryan K Hodges
Ryan K Hodges answered on Apr 12, 2019

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.

1 Answer | Asked in Estate Planning for Arizona on
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?

Ryan K Hodges
Ryan K Hodges answered on Apr 10, 2019

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 »

3 Answers | Asked in Contracts and Estate Planning for Arizona on
Q: When does a POA expire? At death?
Ryan K Hodges
Ryan K Hodges answered on Apr 10, 2019

A POA can have a specified time to expire. If it does not have a stated expiration date, then it ends at death.

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1 Answer | Asked in Probate for Arizona on
Q: mom had a trust agreement in place, but had a TD Individual account with no beneficiary is probate needed in AZ
Ryan K Hodges
Ryan K Hodges answered on Mar 27, 2019

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.

1 Answer | Asked in Probate for Arizona on
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.

Ryan K Hodges
Ryan K Hodges answered on Mar 25, 2019

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.

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