What can I do to have the water turned on in the meantime
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.
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... View More 
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.... View 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... View More
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... View 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
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... View 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.
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.
answered on Jul 15, 2019
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.
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.
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.
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.
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.
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... View More
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... View 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... View More
answered on May 8, 2019
Probably. You should consult with an attorney to discuss the specifics of your case.
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... View 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.
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.
exemption. What exemption applies?
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.
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?
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... View More
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.
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.
Had hand written dictation by person before death where all property and monies were to be divided. Don't know that it was upheld.
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.
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... View More
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.
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... View More
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.
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.
