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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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1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: Can trustee put stipulation on my trust money at disbursement?

Sister (trustee) added at disbursement time, once check is cashed I can not pursue any further recovery from her or estate, which I plan to do. Actually needed that money to pay for my lawyer.

Thank you in advance!

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

Generally speaking, it is a normal part of the trust administration process to seek a release of liability for the Trustee when finalizing a trust administration. You do not have to sign; however, it would likely hold up the process for you receiving your distribution (and maybe others) from the... Read more »

3 Answers | Asked in Estate Planning for Arizona on
Q: Officiating intestate succession. Boyfriends father dord 08/18/20, no will, and small estate only.

Vehicle and some money, no other assets or debts. He and siblings are obviously heirs but do they need to officiate that they are? They need to get hos vehicle out of impound asap but only in dads name.

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

The time constraint adds an element that is more difficult to address without probate. However, here is some good information for small estates; the only things is the decedent has to be dead for at least 30 days for it to be used:

https://superiorcourt.maricopa.gov/llrc/prob_pbse1/...
Read more »

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3 Answers | Asked in Probate for Arizona on
Q: I bought 2.5 acres in 1991 for $27,500 and built a 1100 sqft building on it and moved in 1997.

In 1998 I married my wife and in 2000 started a 3100 sqft addition to the building. In 2010 my wife had a stroke and all work stop. In 2020 my wife died without a will, the property is still in my name only.

My wife had a daughter from a previous marriage she is asking for half of the... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Sep 1, 2020

This is a complicated question that also involves family law, probate law and is factually dependent. You'll likely need to reach out to an experienced probate attorney.

Here is the relevant law:

14-2103. Heirs other than surviving spouse; share in estate

Any part of...
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2 Answers | Asked in Probate for Arizona on
Q: My siblings and I are apparent heirs to an estate. Do we need representation in probate court.

A fiduciary LLC has filed a petition requesting a hearing. An emergency hearing has been scheduled for 9/8. Another hearing labeled Miscellaneous(Appearance) is scheduled for 9/22. We have received solicitations to be represented for a percentage of the estate. Decedents may have died intestate.

Andre Lee Pennington
Andre Lee Pennington answered on Aug 29, 2020

You’ll definitely want to talk to an experienced probate attorney to review the matter with you so that you can understand the process and your rights.

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3 Answers | Asked in Estate Planning for Arizona on
Q: my aunt set a trust up and named her husband the trustee. can we get money before he dies if it states not until he die

My aunt has passed, The trust supposedly states no monies to paid out until he dies. Can we get past that?

Andre Lee Pennington
Andre Lee Pennington answered on Aug 28, 2020

It really depends on how the Trust is written. You probably want to consult with an experienced estate planning attorney that has Trust litigation experience to have him or her review the Trust.

Most times Trusts are written for the benefit of the surviving spouse, but not always.

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3 Answers | Asked in Estate Planning and Real Estate Law for Arizona on
Q: How do I get a copy of my dads Death Certificate and his Will? I live in Arizona and my dad lived in New Jersey?

My sister is not cooperating with me at all. She claims all papers including his Will, and Death Certificates were destroyed in a mysterious house fire last year. My dad left some property and money behind and I believe my sister has been lying about everything.

Andre Lee Pennington
Andre Lee Pennington answered on Aug 28, 2020

This is a question for a New Jersey attorney. Most states have rules that require executors/personal representatives to provide a copy of the Last Will and Testament to surviving heirs.

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1 Answer | Asked in Probate for Arizona on
Q: Mother passed and left myself and one sibling her home in will. I have since misplaced will.

Other sibling and family moved in with me, after a fight, the other sibling filed and was granted a restaining order forcing me out, and is now taking me and beneficiary sibling to probate court. What can i do? I dont know attorney that helped us.

Andre Lee Pennington
Andre Lee Pennington answered on Aug 10, 2020

The first thing that comes to mind is contacting the old attorney to see if there is a copy of the will; however, under the rules of not having a will in probate, it sounds like you and your sister would potentially split the home 50/50. You may want to pull the deed to see how it is deeded. You... Read more »

3 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Somehow my dad's ex girl friend was a beneficiary on his bank account and took 117000 out can I contest the beneficiary

they haven't been together in over 7 years and they only dated for 4. I can't even believe he had her on the account in the first place. Also, it was in a money market account not his checking shouldn't the money market account have a different beneficiary

Andre Lee Pennington
Andre Lee Pennington answered on Aug 28, 2020

Ryan and Ilene are spot on. Reach out to a professional.

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2 Answers | Asked in Probate for Arizona on
Q: Dad died w/o a will. Only has a home with $50k in equity, and $8-10k in debt. Would I be required to sell to pay debt?

I have 3 siblings that do not want anything from estate. I have lived in the home for the last 6 years, and cannot afford to rent another home or apt. I would like to stay in the home and take over payments if possible. Would I be able to do just a small estate transfer, or informal probate?

Andre Lee Pennington
Andre Lee Pennington answered on Jul 24, 2020

This sounds like a small estate issue, so long as all other heirs cooperate. It'd be best to reach out to an experienced probate attorney to determine all the details, including the debt question.

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2 Answers | Asked in Probate for Arizona on
Q: When my father died, with a will he left me some things. My brother, the executor, never transferred anything to me nor

Told me I was due anything. He closed the will notifying the judge that I had received the property. He has since died. Can I recover this property? Is the will still valid?

Andre Lee Pennington
Andre Lee Pennington answered on Jul 24, 2020

This is definitely something you'd want to sit down with an experienced probate attorney. They would likely need to get some additional facts (such as dates of the events, review the will and filings in the probate case, and what kind of property was distributed and where, etc.) to advise you... Read more »

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3 Answers | Asked in Probate for Arizona on
Q: Mom died with no will. Car is paid for but home is in forclosure. Do I still file in probate court?

Mom left no payable life insurance and hardly any $ in her checking account.

I am last surviving child and I paid for cremation services but can't afford to pay off her debt or save the house which is financed to the max, there is no equity in the home.

The car might bring... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Jul 7, 2020

It may be worth talking to a probate attorney to discuss the specifics, but check out this link: https://superiorcourt.maricopa.gov/llrc/prob_pbse1/

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4 Answers | Asked in Estate Planning and Elder Law for Arizona on
Q: My father just passed, and we just realized that our step mom is not able to take care of her self.

What documents do we need to have her sign, so we can legaly take care of her estate if she were to pass and be able to pay her bills and any other issues regarding her.

Andre Lee Pennington
Andre Lee Pennington answered on Jun 11, 2020

It sounds like there is a questions on whether she is capable of making decisions for herself. If she cannot and has not designated someone as power of attorney to act for her in the past, the court has a process called conservatorship and guardianship that you may need to go through.

If...
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1 Answer | Asked in Estate Planning for Arizona on
Q: Can a notary in Arizona notarize a will for an Alaskan Resident while visiting Arizona?

Testator's Last Will and Testament was formatted using a template for the state of AK, Testators property is in Alaska. Testator is visiting family in AZ and would like to have an 'Official' Last Will and Testament before leaving Arizona for Alaska

Andre Lee Pennington
Andre Lee Pennington answered on May 18, 2020

Yes, a notary from one state can notarize a Testator's signature for a last will and testament from another state.

2 Answers | Asked in Probate for Arizona on
Q: I was a beneficiary of life insurance policy in will mom wants money go towards buy house form bank do I have to

My understanding is that she can't will something she never had

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

If the Estate is the beneficiary of the policy, it goes to the estate and distributed in accordance therein. If you were the beneficiary, it would go directly to you and is your money. A qualified probate attorney once having all the facts can answer this question for you.

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2 Answers | Asked in Probate for Arizona on
Q: If an estate is in probate, do creditors file a claim with the court or with the estate's executor?
Andre Lee Pennington
Andre Lee Pennington answered on May 13, 2020

It can be done both ways. There are other factors that an experienced probate attorney can likely address with you, as well.

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1 Answer | Asked in Probate for Arizona on
Q: How can an Arizona citizen by virtue of being surviving spouse of heir, transfer her small interest in a Fla property?

She just learned she had inherited from her husband who inherited from his sister who died in 2016 in Florida. Her husband died in 2017 in Arizona. His estate was not probated but his sister's estate was  belately probated in 2019 as summary admin in Florida.

His  sister had... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on May 8, 2020

I had a little trouble following the breakdown. But if I am reading correctly it sounds like your late-husband's estate needs to be probated in AZ so that an ancillary probate can be opened in FL for his share of the real property. Ultimately, an experience Arizona probate lawyer should be... Read more »

2 Answers | Asked in Estate Planning for Arizona on
Q: Will a trust with specific recipients, keep property and funds to those individuals if I exclude spouses and ex's?

or will CA or AZ law grant 50% to spouse? This includes equity in home to be kept as family home and an account of $100000. Is there a safe way to avoid the 50%

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

I agree with Ryan. You can also hold gifts in trust to prevent a spouse from gaining access or the beneficiary from commingling the funds and making them community property. An experienced estate planning attorney can assist you with a game plan that meets your goals.

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