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They have been given a case number as well. I would really like to keep this an informal probate. The other party is an estranged step father..HELP
answered on May 7, 2024
I would advise you to contact a probate attorney that can deal with contested matters. You will have to petition to the court if the stepfather doesn't withdraw. If the stepfather was married to the person that passed away at the time of their passing they may have priority as well. One way or... View More 
assets and a niece as Trustee. The 3 of us do not have a copy of the Will or Trust and have not had a meeting to have them explained to us by the lawyer. The lawyer will only talk to the Trustee and Trustee refuses to allow us to attend a meeting with her. She said all assets were in the Trust... View More
answered on Jan 4, 2024
The lawyer's position is right. The lawyer represents the trustee. You can hire your own lawyer to discuss matters with the trust lawyer if you want. Your cousin should still follow guidelines for administering the trust according to Arizona law.
Hello,
Parent left behind a trust and a will. The trust states that money owed to his estate, when it comes, is to be divided amongst the children. There are credit card debts however. Since the money was designated to go to the children, must we first satisfy the debt with this money first... View More
answered on Nov 18, 2024
Generally speaking creditors and taxes (IRS) have to be paid before any distributions can be made. That is true for a Trust based plan or a will based plan in Arizona.
The change he made was to transfer one half of his children's inheritance to his wife (the children's stepmother). This is a question for an Arizona lawyer - Tucson or Phoenix
answered on Jan 23, 2024
Assuming your husband was still of sound mind and the attorney followed all the Arizona state law requirements, it should be legal. You can contact an estate litigator and see if there is room to go to court to contest it.
answered on Nov 30, 2023
In Arizona the Last Will and Testament will be valid, but it will not be self-proven.
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
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.
The home is to be sold and distributed among the beneficiaries of the trust
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.
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
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.
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
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.
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.
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
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?
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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