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Questions Answered by Andre Lee Pennington
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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2 Answers | Asked in Probate for Arizona on
Q: I am a trustee of my fathers estate and today i got a copy of a motion to disinherit me in the copy of the motion

i read that just a few days ago a judge ruled that the trust was invalid which in az i should of been notified in writting of that my sisters contesting the trust and i never recieved anything let alone a date that it was going to be in from of a judge now she put in a motion to get me disinherited... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Apr 21, 2020

You need to hire an experienced probate attorney to review this matter with you. There are too many moving pieces and unknowns to answer this question adequately here.

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3 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My father passed five months ago and there’s no open probate and his will has not been recorded. Is this normal?

My father and I didn’t have a lot of contact over the years, but he did tell me both that he had a will and that I was included in it. I don’t know how to find out since there appear to be no records. I believe my half-sister is living in his home and possibly intentionally concealing his will.... Read more »

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

I agree with Peter and Gregory. Contacting an experienced probate attorney would be a good first step after checking the Recorder's website.

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1 Answer | Asked in Contracts, Estate Planning and Appeals / Appellate Law for Arizona on
Q: My husband passed away and had a business. He was the only share holder so the company is mine. Is this correct?

My stepdaughter, who got half of the business was upset because she did not get all of it. He had a tax and payroll. She has the data entry and payroll and I sold the tax part. Neither of us know tax returns. I gave her 20,000.00. I feel like I was taken advantage of. He passed Jan 2, 2020... Read more »

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

This depends on whether there was a last will and testament (or Trust that owned the business; or business documents that indicated what should happen) or not. If there was an estate plan that addressed the business, then it controls where it goes. If there was not, see below:

ARS...
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1 Answer | Asked in Estate Planning and Family Law for Arizona on
Q: How do I find out if my dad had a will? His girlfriend was his POA when he was alive and she doesn't communicate.

I believe he created a trust for my sister and I but we don't know anything about it. Is there a way to look up that info?

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

One thing you can do is look up the home address at the Maricopa County Assessor's Office. It will tell you if the home is in the potential Trust. Here's a link: https://www.mcassessor.maricopa.gov/

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My mom died in 2010 and how do I get my mom's property in her name?

My mom died in 2010 and my dad has been staying on the property. My half sister (my dad's daughter)wants me to put half in her name. What should I legally do? (Squatter's rights?) My dad is terminal and will be dying soon and he has a girlfriend living on the property there and may want... Read more »

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

Your father can do an estate plan to make his wishes known. It may be worth it for him to reach out to an experience estate planning attorney.

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