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Questions Answered by Ryan K Hodges
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... 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.

1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Arizona on
Q: Is there a specific format that an amendment to a Revocable Living Trust in Arizona must be in to be considered legal?

Can an amendment to a living trust be challenged in court and overturned by an interested party in the trust based on incorrect format of the amendment, which was drafted by a legal document preparer and not a lawyer, and if so what would be the process or specific form to complete for an... Read more »

Ryan K Hodges
Ryan K Hodges answered on Mar 11, 2019

An amendment can be challenged if it does not comply with the form of an amendment provided for in the trust or if it has other legal defects. As far as I know, the court does not offer a particular form for doing so. The court has a generic objection form that could be adapted to that purpose.

1 Answer | Asked in Elder Law for Arizona on
Q: Under a Durable Health Care POA, can an alternate representative temporarily take over for a primary representative?

In my sister's Durable Health Care Power of Attorney, she appointed her son as her representative to make health care decisions in the event of her incapacity, and she appointed me as her alternate representative if her son is unavailable, unwilling or unable to make decisions for her. My... Read more »

Ryan K Hodges
Ryan K Hodges answered on Mar 11, 2019

You will need to review the power of attorney document itself. POAs can specify what it means for the agent to be unable or unwilling to act on behalf of the principal. If the POA does not have such language, it is best to get the other agent to resign. The resignation can be temporary or permanent.

1 Answer | Asked in Estate Planning and Family Law for Arizona on
Q: My grandmother passed away and my mother was her executor, my mother passed away in November of 2018 I'm told someone

New has to be appointed executor it is for stock we can't get the money until then we are still getting dividend checks I'm not cashing them. What do I do?

Ryan K Hodges
Ryan K Hodges answered on Mar 9, 2019

You may need to get a new executor appointed depending on the status of the estate and remaining assets. You should consult with a probate attorney.

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... 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... 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,... 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... 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... 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.

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