There are many ways to own property. Joint tenancy with rights of survivorship is the least efficient from an income tax perspective. You may also need to file a gift tax return if the value you are transferring is more than $15,000. Finally, if the family member ever has financial or legal... Read more »
A holographic will may be valid, but they are very often prepared incorrectly. If the holographic will is prepared incorrectly, it may not be approved by the probate court. When that happens the law of default will apply. The family will have to apply for an intestate probate. Intestate means,... Read more »
Before my father's passing, he pulled out funds from his 401K. There must have been some discrepancy in the amount paid to him, as Discover Financial Services sent him a cheque for the amount of the difference (about $400) in 2020. The issue is that this cheque was sent out several months... Read more »
I am so sorry for your loss.
I have a few questions though. If there is an Executor, a probate would have to be opened. The Letters of Personal Representative would give the company authority to issue the check. Only a court can appoint someone to be the Executor or Personal... Read more »
The estate has the funds but CITIBANK had forwarded to a debt collector. Ascension point.
One of the jobs of Personal Representative of the estate is to pay all of the decedent's verified debts. If you look on the form that you signed to open the probate, which is called ORDER TO PERSONAL REPRESENTATIVE AND ACKNOWLEDGEMENT AND INFORMATION TO HEIRS/DEVISEES, item 13 says that your... Read more »
I have a copy of the will where he states who each property would go to. We also know he had life insurance and his business that was not distributed properly or at all for that matter. The homes he left to family in the will were in Forclosure due to the person not distributing everything the way... Read more »
I am so sorry for your loss.
I apologize. I don't know if I understand you completely. If the estate is being held by Treasury, is it because there are back taxes which need to be paid?
To answer your other question. A copy of the Will won't be enough. The will must be... Read more »
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 »
Thank you so much for your questions.
I will try to answer you as best I can. A Last Will is designed to transfer assets to your loved ones at your death. A Last Will must be entered into Probate Court in order to work. Probate can be an expensive process. The person who is appointed... Read more »
This was the email I received from SBA below
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1. Please provide a Certificate/Resolution that includes:
a. A statement that the LLC held a meeting and specify the date (on or after loan approval date of 6/2/2020)
b. A statement that the LLC authorizes... Read more »
Thanks so much for the list. You will need to hire an attorney to prepare these for you. If the business is in San Diego the attorney must be licensed in California.
His assets include a condo, vehicles, and personal items.
I am so sorry for your loss. Although the laws of intestacy say you have rights, the key is how the assets are titled on your father's death. If everything is titled jointly with his wife, the wife will get everything immediately upon his death. There would be nothing remaining to give to... Read more »
against his wishes. keeping his remains and estate. trust is not even two months old
I would strongly urge you to contact an attorney who specializes in Trust litigation in Arizona to discuss the circumstances. I know this is deeply troubling. You are entitled to have answers to these questions.
I found out that the husbands son has been paying the mortgage and taxes on the property. Am I entitled to anything?
I am so sorry for you loss. This may not seem like it, but it is a very complicated question.
As your mother's child, you have legal rights. However your rights are limited by choices your mother may have made with her husband.
I recommend you go to an attorney in your area... Read more »
My sister lives in Colorado & I live in Arizona...What would be the purpose in removing myself as executor?
I am so sorry for your loss. This question says to me, that there are difficulties here.
Once both you are appointed as Co-Executors of an estate, both of you should generally remain as Co-Executors of the estate, unless there are serious problems or concerns. Your email does not list the... Read more »
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... Read more »
I am so sorry for your loss. This sounds like quite a difficult process.
I don't want to give you any advice, based upon what you wrote. Here is what I think you need to do:
1. Determine the value of the real estate, and whether or not the real estate is in the trust to... Read more »
In Maricopa County, AZ. Father was a widower with two equal heirs, myself and brother, he has (had) a will and trust document drawn up. I also obtained an estate EIN. His only account transferred as a POD account. No other assets, except this $1,800 check.
Could the check payable to... Read more »
I am so sorry for your loss.
Now let me answer your question. If the $1800 dollar account is all there is, then you and your brother probably need to prepare a small estate affidavit. This affidavit will need to be signed and notarized by both of you. Sometimes the financial services... Read more »
His final will and testament didn't include his new address. The will was made over 30 years ago with his old address. He owns his current home free and clear. No outstanding debts.
I am so sorry for your loss.
Even though this seems like a simple questions it is not. It is actually a very complicated question because the law is very complicated. It is complex in order to make certain that none of the people involved are committing fraud.
So, In order to... Read 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.
Residency is a facts and circumstances test. However, a Last Will which was created in Wyoming, will generally work in Arizona, if residency has changed.
Probate will depend upon whether or not the beneficiaries have control over the assets. There are many ways to find out about... Read 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... Read more »
I am sorry for your loss.
Unfortunately, when people do not put their wishes in writing, problems arise. What she said before her death, without written proof, may no longer apply. Her children are the best ones to open probate to get control of her assets. I recommend working with... Read more »
The original Will allowed his wife to remain in the home until her death and then property would be transferred to us. 2 weeks before he died he changed the Will and left everything to her. We believe coercion was involved? What are our rights? How do we find out who his attorney is?
Mr. Price is absolutely correct. You need to see the Will immediately. You will also need to hire an attorney to represent your interests. Justia has many attorneys who will be able to help you. My best advice is to act quickly.
I was the bosses daughters boss at another job. We ended up getting married but before we got married, the dad asked me to come work for him. I worked there for 16 yrs and ran the place for 10-12 yrs. Parents of wife said that I would always have job if we ever got divorced. Part of the business... Read more »
The laws of community property may apply here if your husband had any rights in business. Your divorce attorney can obtain information on ownership of the company. Information may also be available on the ACC website if the business is an Arizona entity. I would strongly recommend you go online... Read more »
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
I am so sorry for your loss.
It is difficult for me to answer your questions with the facts you give me. I need to know whether your sister had other family...children, spouse or other brothers and sisters. Also who are creditors? Is there a mortgage (in AZ called Deed of Trust) on the... Read 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.
I am so sorry for your boyfriend's loss.
In reading your question, all I can say is sometimes small estates can be very complicated.
In Arizona you can transfer assets, including vehicles with a Small Estate Affidavit. That is used for estates with personal property, cash and... Read more »
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