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Questions Answered by David Gerszewski
1 Answer | Asked in Estate Planning and Elder Law for Arizona on
Q: Revocable living trust, dad past. Can she not read the will to the boys now, time limit on filing to make it irrevocabl.

Plus he has a special clause for if one of the boys get disabled the trust is to help him and he does not get his 20%. Pays for other items medicare does not pay.

David Gerszewski
David Gerszewski
answered on Jun 2, 2022

I would recommend you talk to an attorney review the Trust. Trusts with special needs considerations are usually more complex than a regular trust. It is very likely the trust may only became irrevocable after the spouse passes away, not after the first person passes away. An attorney will need to... View More

2 Answers | Asked in Estate Planning for Arizona on
Q: Can an estate attorney refuse to have a (paid) Will review meeting with a named beneficiary and family member ?

The attorney that executed my mother's last will is refusing to meet with me for a review of the will. They are claiming they do not represent me, that I have to meet with my brother who is the Executor, and is also a named beneficiary. My brother is not an attorney. I believe the attorney is... View More

David Gerszewski
David Gerszewski
answered on Aug 4, 2023

At our law firm we do not talk to beneficiaries, only with the executor that hired us. We advised beneficiaries to look for their own attorney and legal representation.

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1 Answer | Asked in Estate Planning for Arizona on
Q: In the state of Arizona, does a beneficiary of a trust have the right to enter a home that is in the Trust?

The home is to be sold and distributed among the beneficiaries of the trust

David Gerszewski
David Gerszewski
answered on Jun 12, 2023

I would recommend you talk to the successor Trustee of the Trust or have an attorney review the trust. A beneficiary may or may not be able to enter the house.

1 Answer | Asked in Estate Planning and Real Estate Law for Arizona on
Q: How should I title a house so that my share can go to my beneficiaries on my death?

My husband and I own three homes in Arizona as CPWROS. He has agreed that my share on two homes can go to my beneficiaries if I pre-decease him. I would file a beneficiary deed to accomplish this. I am sure the titles need to be changed from CPWROS. What is the best way to title the property so... View More

David Gerszewski
David Gerszewski
answered on Apr 24, 2023

Your question is not as straightforward as you would think. It will depend how the houses are acquired as well. I would recommend you work with an estate planning attorney to design a strategy to accomplish your goals. A beneficiary deed will not necessarily accomplish it.

3 Answers | Asked in Estate Planning, Banking and Probate for Arizona on
Q: Is the beneficiary on the deed to my deceased sister's home obligated to reimburse me for a mortgage payment?

My sister had a beneficiary deed on her home in Arizona. The beneficiary is an ex-friend who is also the named executor of her estate. The mortgage was being paid through automatic payments from an account in South Carolina.(where she used to live) I am the beneficiary of that POD account. Because... View More

David Gerszewski
David Gerszewski
answered on Feb 28, 2023

I would recommend you talk to an attorney in your state as new York law may be different. If it was in Arizona we would recommend submitting a claim as creditor of the estate for the mortgage payment.

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4 Answers | Asked in Estate Planning for Arizona on
Q: Re: A family trust 3 children, trust is to divide equally. In the trust, property is "conveyed' to one son by parents

as his sole and separate property. 3 children are the beneficiary's.

Question: Does "divide equally" mean the son has to buy the home from the trust?

Or, does it mean son gets the home as parents wish and whatever is left in the trust is then divided equally 3 ways?

David Gerszewski
David Gerszewski
answered on Jan 8, 2020

The information provided is not enough to answer your question. We would recommend that you consult with a estate planning attorney and have the attorney review the trust for you.

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