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Questions Answered by Andre Lee Pennington
2 Answers | Asked in Probate for Arizona on
Q: Does a mother become next of kin if son dies but has a son as well?
Andre Lee Pennington
Andre Lee Pennington answered on Mar 31, 2021

Typically the order goes (1) spouse, (2) children, and (3) then parents. However, you should discuss this matter with an experienced estate planning attorney to proved all the necessary details for a more informed answer.

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2 Answers | Asked in Probate for Arizona on
Q: credit card debt claim made within 4 month probate window, claimant is debt collector, not CC co. Does estate pay?

The estate has the funds but CITIBANK had forwarded to a debt collector. Ascension point.

Andre Lee Pennington
Andre Lee Pennington answered on Mar 30, 2021

Typically speaking the creditor will have to show that proof of the claim was assigned to them; however, if they can and they have filed a claim with the PR or the Court, these debts are generally payable. To find out for sure you should contact an experienced probate attorney.

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1 Answer | Asked in Estate Planning, Criminal Law and Probate for Arizona on
Q: Heir of an intestate Arizona estate engaged in discovery. Estate had conservator for 5 years. What order do I need?

My subpoena revealed account numbers & signature cards. During a meeting with the banker they looked up one of the accounts & said there had been a substantial amount of activity giving the impression business was being conducted from an account. A call was made with me present. Banker said... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Mar 24, 2021

You'll likely need to hire an experienced probate attorney to help with this. It's a complicated situation that is impossible to answer with the information provided.

2 Answers | Asked in Estate Planning for Arizona on
Q: Refinancing will only be in Husbands name. How do I protect home in my name as well and not lose if we should separate

My husband is not my sons biological father and I want my son to have my home if something should happen to me. Although my husband is on the Mortgage it is my home.

Andre Lee Pennington
Andre Lee Pennington answered on Mar 19, 2021

You’ll want to consult an experienced estate planning attorney to help you set this up correctly.

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2 Answers | Asked in Estate Planning for Arizona on
Q: How do I go about writing a will in this situation?

I am a middle aged woman who is receiving SSI, and I would like to write a will. Upon my death, I plan on giving all of my household goods to a thrift store, and I would like to place money on the side to pay for any outstanding debts. Also, I am concerned about my personal information regarding my... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Feb 26, 2021

It is always tricky drafting legal documents without the assistance of a professional. I recommend talking with an experienced estate planning attorney or at minimum a certified legal document preparer. He or she can help you get squared away. Have a wonderful day!

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3 Answers | Asked in Probate for Arizona on
Q: Father who was married when he expired had no will. What rights does the children have when it comes to his assets?

His assets include a condo, vehicles, and personal items.

Andre Lee Pennington
Andre Lee Pennington answered on Feb 7, 2021

Here is the applicable law:

14-2102. Intestate share of surviving spouse

The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse:

1. If there is no surviving...
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2 Answers | Asked in Probate for Arizona on
Q: Can I be evicted from a family home by sibling exsecuter after 11 years of long term care of parents

House is payed for

Andre Lee Pennington
Andre Lee Pennington answered on Feb 7, 2021

Short answer is yes. You should consult an experienced probate attorney to understand all implications.

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1 Answer | Asked in Probate for Arizona on
Q: Is it required to file a final accounting in Maricopa County of Arizona with informal intestate probate court?

I have paid all creditors and surpassed the notice mark long ago (back in June 2020). All that's left to do is distribute to myself and two other heirs. The jargon on packet three of Maricopa informal probate is confusing. It seems it isn't necessary unless I feel it is required or my... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Jan 5, 2021

One option is to file waivers of accounting (along with a release of liability and waiver of notice of any further filings) from the other beneficiaries with the court. That helps “skip” some steps. I hope that helps. Happy New Year!

2 Answers | Asked in Real Estate Law and Probate for Arizona on
Q: What do i need to do to protect myself from anyone taking the house. From me?

Iive been purchasing a home from the owner the last 7 years and the owner just died worried the owner sister pulled a bunch of trickery trying to get me out of house when owner was real sick in the hospital awhile back so i fear she will strike again

Andre Lee Pennington
Andre Lee Pennington answered on Jan 1, 2021

This will likely come down to the contract that you had with the owner/decedent and his/her estate plan. You should have an experienced attorney review all.

Happy New Year!

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4 Answers | Asked in Estate Planning and Real Estate Law for Arizona on
Q: My mom died and her husband died 10 months later. The home they had was in both names.

I found out that the husbands son has been paying the mortgage and taxes on the property. Am I entitled to anything?

Andre Lee Pennington
Andre Lee Pennington answered on Dec 16, 2020

It depends how the home was titled and whether there were estate planning documents. I recommend reaching out to an experienced probate attorney to help sort through it all.

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1 Answer | Asked in Consumer Law, Estate Planning, Collections and Small Claims for Arizona on
Q: Is a loan company supposed to pursue the executive of state of a deceased person before pursuing co-signer.

Loan company was paid 19k from insurance. Deceased person left remaining balance of 1k due to late payments. Company asked for death certificate to pursue the executive of state but insist that I am liable for the remaining balance.

Andre Lee Pennington
Andre Lee Pennington answered on Dec 3, 2020

There are 2 areas of law here. If you co-signed for the loan, you are jointly and severally liable, which means they can come after you, as well as affect your credit score. Sorry for the bad news.

3 Answers | Asked in Probate for Arizona on
Q: Both my sister and I are joint executors on my dad’s estate. My sister is asking me to re-move/RE-enunciate myself?

My sister lives in Colorado & I live in Arizona...What would be the purpose in removing myself as executor?

Andre Lee Pennington
Andre Lee Pennington answered on Nov 17, 2020

Often times there are logistical challenges to co-executors. For instance, requiring double signature on everything like selling a home or opening a bank account. Additionally, oftentimes co-executors do not agree and it makes it difficult to settle the dispute.

This is something...
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2 Answers | Asked in Legal Malpractice and Probate for Arizona on
Q: Can an attorney legally conceal the fact that his client has died?

Please tell me there could be consequences for an attorney and beneficiaries who knowingly conspired to conceal the fact from the executor and estate attorneys that one of a will’s beneficiaries has predeceased the decedent. The deception preceded the beginning of probate, continued for several... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Nov 12, 2020

I do not believe that I totally understand what occurred. It sounds like their are some facts that have been left out of your question. Generally speaking a beneficiary does have to survive the decedent for a required period of time, and I am confused how an attorney would get a client during... Read more »

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1 Answer | Asked in Estate Planning for Arizona on
Q: Received collections letter for my deceased mother, after Notice to Creditors was published & claims deadline passed.

My mom was in the process of filing bankruptcy when she passed away 6 mo ago, but hadn't filed with court. I am successor trustee of her trust, but her attorney wouldn't release her file without a subpoena & retired within days of my contact with him. Without knowledge of who her... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Nov 2, 2020

It's generally good that the 4-month window has closed; however, there is a requirement to send a notice to all known creditors, as well. Creditors could argue that they are entitled to a notice directly. It depends on what steps you took to locate any known creditors. Another factor is how... Read more »

1 Answer | Asked in Probate for Arizona on
Q: Can i make my stepmother produce a will for my late father or at least tell me if there was one? I am his only child.

I was told by him he had a will. I am on disability due to a disease inherited from him. He said he would take care of me. I live in AZ but he resided in Indiana.

Andre Lee Pennington
Andre Lee Pennington answered on Oct 27, 2020

Short answer: Yes.

As an heir of the estate you are entitled to a copy of the Will. There are several ways to go about it. An experienced estate planning attorney will be able to assist you.

1 Answer | Asked in Probate for Arizona on
Q: I signed a contract releasing beneficiary interest in real estate it was drafted and notarized by the attorney who

Represented testator. He also had the power to make decisions regarding my trust, but I was never told exactly what those were. Release says “I have discussed this with my trustee”, but I was never told I could seek independent counsel. My trustee said that I discussed with him and attorney... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Oct 26, 2020

There are some facts that do cut against you in this case; however, there are a lot of details that an attorney would need to know beyond what you've provided here. Your best bet is to get with an experienced probate attorney.

2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for Arizona on
Q: Co-trustee and current beneficiary wants to resign and make me Trustee of Land trust - I'm successor and 2nd beneficiary

The Trustor was my Uncle, and he died in 2017. He and his ex-wife are co-trustees for the land trust, I believe his name is still on it because she couldn't get a death certificate (they divorced in 1987). The ex-wife wants to resign as co-trustee and walk away, leaving me the trust and... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Oct 26, 2020

I concur with Ilene.

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3 Answers | Asked in Estate Planning for Arizona on
Q: Non Arizona resident parent has been moved here so we can provide in home care.

The intent was for them to regain strength and return to a senior facility in Wyoming. If they die here are they subject to Arizona laws such a probate for estate? The Will was created in Wyoming with only money as assets.

Andre Lee Pennington
Andre Lee Pennington answered on Sep 23, 2020

The total facts and circumstances really matter. It's worth a sit down with an experienced attorney to discuss. It can be really important to get ahead of issues like this, so things run as smoothly as possible. It may also be worth looking into a trust or other mechanism for transfer that... Read more »

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: How can I collect personal belongs of my ex mother in laws who passed when her boyfriend doesnt wanna give us her stuff?

My ex mother in law died in a car accident 3 days ago, she didnt have a will but has stated to multiple people that I was the one that she wanted to be executor. she was suppose to get in writing but died before doing so. She was living with her boyfriend who is a drug addict and was abusive to... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Sep 23, 2020

The surviving children will need to step up as they are the ones with lawful authority. Unfortunately, verbal statements are not enough in situations like these.

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2 Answers | Asked in Probate for Arizona on
Q: My sister died in AZ without a will, do I need to wait 6 months to transfer her house title to myself to sell it?

I can use the small estate transfer by value of her assets, is this the best process? If I file for probate to sell her house will I have to pay her creditors

Andre Lee Pennington
Andre Lee Pennington answered on Sep 15, 2020

It depends on the assessed value of the home whether you're allowed to use that process. There are a lot of unknown important factors that make it difficult to completely answer your question. I'd reach out to an experienced probate attorney so that he or she can get the facts required... Read more »

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