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Questions Answered by Andre L. Pennington
2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: A decedent passed in September 2021. Their life partner is not allowing and desendants on the property for willed items.

My father passed away September 2021. He left several items in his will to me, and left many items unresolved in his estate. He lived on property owned by his 10 year long life partner (unmarried). The partner is not allowing anyone on site nor is she answering any requests for specific heavily... Read more »

Andre L. Pennington
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Andre L. Pennington
answered on May 12, 2022

This depends on many factors, including size of the estate. I recommend contacting a probate attorney, many offer free consultations, including my own firm.

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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: What happens if the Maricopa County Public Fiduciary failed at locating proper next of kin or an honorable discharge?

My husband was found dead from suicide in 2005 and was handed over to the public fiduciary office as an "indigent" but they failed to figure out that he was a veteran with an honorable discharge or to locate me in the same county, or his father who was listed in the phone book in AZ!... Read more »

Andre L. Pennington
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Andre L. Pennington
answered on Mar 26, 2022

In short, it depends on the steps taken by the fiduciary. I recommend contacting an experienced probate attorney to discuss.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: My mom had executor/probate powers over her mother's estate, my mom died before finishing it. Am I responsible for it?

My grandmother passed away, leaving behind my mother and her sister. My mother is/was the executor/probate/representative for grandmother. My mother passed away in January and I am now her executor/responsible person. Am I in charge of my grandmother's estate now too, or does that fall to my... Read more »

Andre L. Pennington
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Andre L. Pennington
answered on Mar 25, 2022

Sorry for your losses ... it will go by the order in the Will or if there is no will it sounds like your Aunt will need to petition the court to replace your mother as personal representative. It may be helpful to contact an experienced probate attorney to help guide through the process. Good... Read more »

1 Answer | Asked in Probate for Arizona on
Q: In AZ probate law, how do I handle "waiver of of bond" when there is no will and the heirs to the estate are all minors?

I am petitioning to be personal rep. of my brother's estate (informal probate). He died without a will. He has 5 children under the age of 18. He was never married and my sister and I are his only siblings. Our parents are dead. His estate is estimated to be less than $20,000. It says that all... Read more »

Andre L. Pennington
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Andre L. Pennington
answered on Mar 25, 2022

Estates that are valued at less than $75,000 are not required to go through probate. You should contact an experienced probate attorney to guide you in the right direction, but here is a link to help:

https://superiorcourt.maricopa.gov/media/4062/pbse1z.pdf

1 Answer | Asked in Probate for Arizona on
Q: How do I go about getting my grandma/moms house in my name?

So I lived with my grandma since I was 5 days old. She wanted the house to go to me when she died but they will got lost somehow. It's a really crazy story but yeah. I've tried having a lawyer and it didnt work out, came down to getting one last signature for probate and he wouldnt sign... Read more »

Andre L. Pennington
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Andre L. Pennington
answered on Oct 22, 2021

There are not enough details here to give an answer, but please feel free to reach out if you’d like to discuss.

2 Answers | Asked in Estate Planning for Arizona on
Q: With a trust is the trustor sappose to intial every page, then the signature w/ notary on last page?
Andre L. Pennington
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Andre L. Pennington
answered on Sep 23, 2021

While it can be done like this, it is not uncommon to see Trusts that do not have initials on every page.

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2 Answers | Asked in Probate for Arizona on
Q: My father suddenly passed away from COVID and left no will. he lived with his mom I'm only child. He wasn't married.

My question is about his property. He had a truck, motorcycle, personal items and a bank account. My grandma said what's in the account he owes her so she gets that and she said the truck and other items aren't going anywhere until she says so. Is that legal? Is there something I have to... Read more »

Andre L. Pennington
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Andre L. Pennington
answered on Sep 3, 2021

I am sorry for your loss. Based on what you've stated, it sounds like you're the the sole heir and person who can control the estate. The how depends on the value of the estate. It'd be good for your to speak with an experienced probate attorney.

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1 Answer | Asked in Probate for Arizona on
Q: I have filed to have my sister removed as PR. The judge said I didn't file right.. Please help on which papers to file

I need proof of serving her. And a petition to request to be PR.

Andre L. Pennington
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Andre L. Pennington
answered on Aug 11, 2021

You’ll want to consult with an experienced probate attorney. This can be a complicated process.

2 Answers | Asked in Probate for Arizona on
Q: How do i get the deed in my name after probate? I

My step-dad left the house to my mom in his will. She never put it in her name. Both have passed. His wife illegally put the house deed in her name. We went through probate. I won. The judge said the wills are valid and she has no legal claim to the house. Illness,covid, and family deaths all hit... Read more »

Andre L. Pennington
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Andre L. Pennington
answered on Apr 19, 2021

Typically you’ll need to record the deed of distribution with the Recorder’s Office to put the home in your name. You may need the assistance of an experienced probate attorney to ensure all was done correctly.

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3 Answers | Asked in Estate Planning for Arizona on
Q: My grandfather passed away in 2019 now I’m being asked to sign a paper what could it be?

I know all of his grandchildren were named in his will but now my mom won’t tell me what this paper says beforehand......

Andre L. Pennington
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Andre L. Pennington
answered on Apr 17, 2021

I agree with Douglas Price.

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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 L. Pennington
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Andre L. 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 L. Pennington
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Andre L. 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 L. Pennington
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Andre L. 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 L. Pennington
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Andre L. 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 L. Pennington
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Andre L. 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 L. Pennington
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Andre L. 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 L. Pennington
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Andre L. 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 L. Pennington
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Andre L. 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 L. Pennington
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Andre L. 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 L. Pennington
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Andre L. 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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