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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.
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.
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.
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... View More 
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
answered on Aug 28, 2020
Ryan and Ilene are spot on. Reach out to a professional.
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?
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.
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?
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... View More
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... View More
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/
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.
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... View More
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
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.
My understanding is that she can't will something she never had
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.
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.
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... View More
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... View More
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%
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.
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... View More
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.
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.... View More
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.
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... View More
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... View More
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?
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/
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... View More
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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