His assets include a condo, vehicles, and personal items.
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... View More 
House is payed for
answered on Feb 7, 2021
Short answer is yes. You should consult an experienced probate attorney to understand all implications.
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... View More
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!
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
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!
I found out that the husbands son has been paying the mortgage and taxes on the property. Am I entitled to anything?
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.
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.
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.
My sister lives in Colorado & I live in Arizona...What would be the purpose in removing myself as executor?
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... View More
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... View More
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... View More
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... View More
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... View More
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.
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.
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... View More
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.
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... View More
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.
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... View More
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... View More
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.
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
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... View More
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!
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... View More
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.
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/... View More
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... View More
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... View More
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.
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.
My aunt has passed, The trust supposedly states no monies to paid out until he dies. Can we get past that?
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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