He was named POD on her bank account with approximately $150,000. He was with his girlfriend who wont even talk to his brother and sister. He has a daughter in Oklahoma. There is no will. The girlfriend and the daughter left my parents cremains at an attorney's office that my brother had used... Read more »
Probate is usually opened where the person was domiciled, meaning his usual place of residence. If he was just vacationing or on a trip in Arizona, then that would not normally be enough to open a probate here. On the other hand, you may need an Arizona proceeding if he had any property in Arizona,...Read more »
You can try going back to the title company to see if they will fix it. However, you will probably need to file a probate. Depending on the circumstances, your husband's estate may qualify as a small estate; or if it has been more than two years, then you may be able to do a tardy probate, which...Read more »
Usually, the inventory would be sent to the beneficiaries at the same time it is filed with the court. If the inventory was filed with the court, then you can request a copy from the court. It is possible that your sister or her attorney merely overlooked sending you a copy, and you could contact...Read more »
I do not believe that my brother-in-law is the best person to care for my father. He will not provide any information about my dad's affairs or allow anyone access to his medical records to the rest of the family. There has been some misconception about the power of attorney. I am my dad's eldest... Read more »
You can apply for a guardianship for your father. The court has forms for a basic guardianship; you can also hire an attorney to help. You will need to notify your brother-in-law of the proceedings if he is named as your dad's agent under a power of attorney.
You can probably get a copy from the State. If the will have been probated, then the county court will have it on file, and you can request it from the clerk. There is also a small possibility that it is recorded with the county recorder's office.
My Aunt died 7/2015. I am to receive 5% of estate. Everthing was in a Trust, the executives are 2 of my older siblings (both are attorneys in NY) I need advice on a Flagstaff property (she put in her trust 2006) being auctioned off on 12/21/2018. The mortgage, also from 2006 for $270,000 was... Read more »
If the house is auctioned for more than is owed, then the excess proceeds should be turned over to the trust. You would still receive your share from those excessive proceeds. The downside is that houses usually sell for less than at auction than they would in a private sale.
Having her on the deed is a good step. If the deed states that you own it jointly with rights of survivorship, then she will become the sole owner upon your death. This, however, does not remove or invalidate the mortgage in any way. The debt will still need to be paid.
Probate (no will) has been opened for almost three years; Personal Representative has over $300,000.00 somewhere, heirs believe . . . Personal Representative states "it" will get Probate finalized/closed soon. Can Personal Representative give a partial payment to heirs before Probate is finalized... Read more »
The short answer is probably yes. It depends on the specific amounts and what debts may be owed still. Some personal representatives and attorney do not like to do partial distributions however, and prefer to do a single distribution of all the remaining assets.
He remarried after he retired. They lived together for years. I was just informed there is a probate hearing is in a few days. I did get some insurance money and personal items. His husband wants to know information about the insurance settlement my sister and I received for the probate hearing. I... Read more »
The estate planning laws are different. However, Arizona will generally recognize a will that is validly executed in another state. You may still want to consult an attorney about your estate plan and documents.
Depending on what documents were shredded and how the contents of the documents would have changed the probate process, you can contest the probate and try to establish the content of the documents by other means. Perhaps the drafting attorney retained a copy.
If you are both on the deed with rights of survivorship, then upon the death of the first spouse, the survivor will automatically become the sole owner. However, this done eliminate liens or mortgages that may be against the property. Those will still apply.
All mother's estate was disposed of in her Will with the exception of proceeds from an insurance claim due to a fire. The check was made payable to the Estate of _____. We were told that we need to file an Informal Probate. Do we need to list EVERYTHING in the estate inventory or is it just the... Read more »
Self-made wills can be valid just like ones done by attorneys. If it is type-written, it must be signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction and signed by at least two people, each of whom signed...Read more »
You should start with talking to the credit card companies and seeing if they will write-off or reduce the debts. You can then proceed accordingly to either pay or transfer the property. Technically, they can go after the land if they want to get paid from the estate whether or not you have...Read more »
At a minimum, you should include who should receive your assets and who should serve as your personal representative. If you want your will to be effective, you also need to understand the execution requirements for a valid will, otherwise it probably won't be used.
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