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Questions Answered by Ilene L McCauley
1 Answer | Asked in Civil Litigation, Arbitration / Mediation Law and Probate for Arizona on
Q: Father in law recently passed. Widow not abiding his wishes to give his kids belongings, items prior to marriage. Hers?

Father in law did not have a will. He always told everyone what he wanted to leave to his biological kids. Widow now says he never said those things. She is refusing to give anything to anyone. Can his kids fight for what their dad always promised them? Widow is now giving those items to her... Read more »

Ilene L McCauley
Ilene L McCauley answered on Jul 30, 2020

I am so sorry for your loss.

You will have to hire an attorney to represent your interests. You have rights, but they may only be enforceable by court order.

2 Answers | Asked in Probate for Arizona on
Q: My brother and I are the only 2 hiers for my mother which I am executor my mother was willed a house but did't transfer

My mother did not transfer deed before she passed I am currently living in house it is going to be separate probate is my brother entitled to half

Ilene L McCauley
Ilene L McCauley answered on Jul 28, 2020

I am so sorry for your loss.

I am not certain I understand your question. I am not certain if the property is currently in your mother's name, or in the name of someone else.

Can you explain the situation to me of how this house is titled today? Then I may be able to answer...
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3 Answers | Asked in Probate for Arizona on
Q: My mom died without a will Dec 2, 2019. Her only major asset is the house, located in Park Scottsdale.

There is a reverse mortgage and credit debts, as well as this year's property tax, probably totalling a little over $300,000. This area is being re-developed- a teardown was bought across the street and the new build sold for 1,150,000. Our lot is about 1/4 acre, to be sold as is. How do I... Read more »

Ilene L McCauley
Ilene L McCauley answered on Jul 28, 2020

I am so sorry for your loss.

I believe an informal probate is fine, as long as you retain an attorney in your area to help you. The other attorney is correct, insofar as many informal probates are rejected, because loved ones try to start this process themselves.

You need a...
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3 Answers | Asked in Probate for Arizona on
Q: What are my rights on firing my current lawyer in the middle of a probate case
Ilene L McCauley
Ilene L McCauley answered on Jul 20, 2020

I would also recommend that you make an objective, rather than emotional decision here.

Probate, like divorce, raises many emotions which can change your decisions. I recommend that you consult with another attorney, before your decision is final. I also want to add that when you hire a...
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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 »

Ilene L McCauley
Ilene L McCauley answered on Jul 8, 2020

I am so sorry for your loss.

In Arizona, when and estate is small, that means has personal property of $75,000 or less, you can use a small estate affidavit to obtain assets. Most banks have this type of affidavit. The sale of the car can also be done with the affidavit. I don't...
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2 Answers | Asked in Probate for Arizona on
Q: Deceased Grandfathers, (will loffice complex in his name , where son works and lives , dad dies ,(will) wife wants it ..

Son is in grandfather will , wife wants to use fathers will , its in gtandfathers name still , who gets it ?

Ilene L McCauley
Ilene L McCauley answered on Jun 29, 2020

I am sorry for your loss. However before I can answer your question I need the following information:

1. When did your grandfather pass? Did he have a Will? Was the Will ever sent to probate, or was a probate opened without a will ?

2. When did your father pass? Did he have a...
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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My dad died w/no will. He was divorced, and got house but never had ex's name rmvd. Does she get house now?

The deed is a joint tenancy with rights of survivorship. His ex wife never had her name removed from deed. So would the house automatically still go to her?

Ilene L McCauley
Ilene L McCauley answered on Jun 26, 2020

I certainly agree with Attorney Westby. However I also recommend that you contact your father's divorce attorney to get a copy of the Decree of Dissolution. That is the best way to know, if the ex-wife's rights were terminated pursuant to the Decree. Then work with the divorce attorney... Read more »

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1 Answer | Asked in Business Formation and Business Law for Arizona on
Q: I am thinking of opening a dog bakery in my home. Is that legal? Would it require permits?
Ilene L McCauley
Ilene L McCauley answered on Jun 25, 2020

Thank you for your question. The answers depend upon where you live. You need to contact the city or municipality to answer whether or not a permit is required. However you also need to think about taxes on the money that you earn. I recommend you speak with the city or municipality regarding... Read more »

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My father passed away 2 months ago. He had no valid will. And its pretty much just me. He has very little property.

He has an old trailer I need to sell or give away.

Ilene L McCauley
Ilene L McCauley answered on Jun 25, 2020

I am so sorry for your loss.

Motor vehicles has a small estate affidavit process which will probably work for you. There is a maximum value of $75,000 to use the Affidavit. However, as a result of COVID 19, MVD is not open. There are many independent vehicle title companies throughout...
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