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Questions Answered by Ryan K Hodges
1 Answer | Asked in Estate Planning for Arizona on
Q: Is a joint tenancy deed executed and notarized 2017 not recorded until 2019 is it still valid
Ryan K Hodges
Ryan K Hodges answered on Feb 28, 2019

The deed is probably still valid assuming the owners under the deed have not sold their interest in the meantime.

1 Answer | Asked in Probate for Arizona on
Q: If my brother resides in OK but died in AZ without a will. Whee is probate filed? He was in AZ to handle our mothers

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 »

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

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 »

1 Answer | Asked in Probate for Arizona on
Q: Do I have any recourse when forced to go through probate because of a mistake made by the title company?

When we signed the papers, they neglected to include the paper for "joint owners with right of survivor-ship"

My husband passed away a couple years ago and I recently set up a family trust. That's when I found out about the problem. The bank can't add the house to the trust unless it is... Read more »

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

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 »

1 Answer | Asked in Probate for Arizona on
Q: Inventory was filed a month ago. How long before I, as a beneficiary, receive a copy? Sister is PR and has attorney.

Filed in Wisconsin

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

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 »

1 Answer | Asked in Family Law and Elder Law for Arizona on
Q: I am seeking to take guardianship of my elderly father from my brother-in-law.

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 »

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

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.

1 Answer | Asked in Family Law and Probate for Arizona on
Q: My father has passed, my niece is executor of will. But I'm unable to get a copy of the will to read. It was filed with

The state of arizona. Can I get a copy. Of the will From the state

Ryan K Hodges
Ryan K Hodges answered on Dec 10, 2018

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.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Arizona on
Q: Forclosure auction on property that is in a Trust, my 5% inheritance is in jeopardy. Estate Rep is doing nothing.

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 »

Ryan K Hodges
Ryan K Hodges answered on Dec 5, 2018

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.

1 Answer | Asked in Estate Planning for Arizona on
Q: I have a home that my wife is on the deed but not on the mortgage. What happens if i die and what document do i need

to make sure she has the house if i die

Ryan K Hodges
Ryan K Hodges answered on Dec 3, 2018

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.

1 Answer | Asked in Probate for Arizona on
Q: Arizona Probate: Can a Personal Representative give partial payments to Heirs before Probate closed or finalized?

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 »

Ryan K Hodges
Ryan K Hodges answered on Nov 27, 2018

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.

1 Answer | Asked in Probate, Family Law and Real Estate Law for Arizona on
Q: My siblings and I sold my mothers property after a probate hearing and received Funds from the sale. Now I’m getting

Called asking If I’m interested to sale one of the property’s. I’ve found out my name is on a warranty deed. Does this give me any claim to selling the property?

Ryan K Hodges
Ryan K Hodges answered on Nov 26, 2018

If you name is on a deed as a grantee, then you probably have some ownership interest in the property. You would need to talk with an attorney or title company regarding the specifics.

1 Answer | Asked in Probate for Arizona on
Q: My father passed away in Texas. There is a probate hearing in a few days for my fathers will. What do I do?

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 »

Ryan K Hodges
Ryan K Hodges answered on Nov 12, 2018

Because the proceeding is in Texas, you would need to consult with a Texas probate attorney.

1 Answer | Asked in Estate Planning for Arizona on
Q: I wrote a will in California and since moved to Arizona. Are estate planning laws any different?
Ryan K Hodges
Ryan K Hodges answered on Nov 2, 2018

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.

1 Answer | Asked in Probate for Arizona on
Q: What happens if a person takes all important papers and shreds them then filed probate
Ryan K Hodges
Ryan K Hodges answered on Oct 22, 2018

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.

1 Answer | Asked in Probate for Arizona on
Q: I was hired by the executor to clean an estate (biohazard case), there are no heirs or will but I haven't been paid....
Ryan K Hodges
Ryan K Hodges answered on Oct 22, 2018

You should contact the executor who hired you and seek payment from the estate or him or her directly.

1 Answer | Asked in Estate Planning for Arizona on
Q: Will the surviving spouse automatically be given the house where we live & own free & clear?

At this time, both of our names on the deed

Ryan K Hodges
Ryan K Hodges answered on Oct 22, 2018

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.

1 Answer | Asked in Probate for Arizona on
Q: In Informal Probate Testate, does everything need to be included in the Inventory or just items not disposed of in Wil?

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 »

Ryan K Hodges
Ryan K Hodges answered on Oct 19, 2018

You need to list everything that is part of the estate including items given in the will. However, you can use broad categories for smaller items like household goods and furniture.

1 Answer | Asked in Probate for Arizona on
Q: son died 7/6/2015, mother died 5/5/2016- does grandson have rights to will proceeds in Arizona

Will stipultate children will share evenly- however paterinty of grandson not established-mother/father not married fathers never signed birth cert

Ryan K Hodges
Ryan K Hodges answered on Oct 18, 2018

Whether the grandson has rights will depend on what the will says. If there is no will, then the grandson would have rights to his dad's share of the estate.

1 Answer | Asked in Estate Planning for Arizona on
Q: How does Arizona view self-made wills? I got mine notarized. Does that change anything?
Ryan K Hodges
Ryan K Hodges answered on Oct 8, 2018

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 »

1 Answer | Asked in Probate for Arizona on
Q: In Arizona, my father died its been 6 months only assets he has is land, estate to small to probate,

But died owing credit card debt, do I have to sell the property to pay those debts

Ryan K Hodges
Ryan K Hodges answered on Sep 24, 2018

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 »

2 Answers | Asked in Estate Planning for Arizona on
Q: What should be included in a final will and testament?
Ryan K Hodges
Ryan K Hodges answered on Sep 24, 2018

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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