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Questions Answered by Ilene L McCauley
2 Answers | Asked in Estate Planning for Arizona on
Q: With a trust is the trustor sappose to intial every page, then the signature w/ notary on last page?
Ilene L McCauley
Ilene L McCauley answered on Sep 23, 2021

In Arizona we generally don't initial every page of a Trust. However, different lawyers have different experiences and different styles.

I recommend that you ask your attorney why this is necessary.

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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Is my share worth the market value of the property in 2021 or the market value at the time of his death in 2011?

I inherited my father’s share of a home that is titled “Tenancy in Common”. The other owner is his 2nd wife of 35 yrs. In his will, she has a life estate of my father’s share. My father passed 10 yrs ago. His will has not been probated; 50% of title is still in his name. The wife is... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 17, 2021

I am sorry for the loss of your father and all of these challenges.

Unfortunately I cannot answer your question about value of your interest, without reviewing your father's will, and without additional information. I strongly urge you to find an attorney in the county in which the...
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1 Answer | Asked in Probate for Arizona on
Q: Can you stay inside a house that is going through probate in Mohave county AZ?

My wife grandmother pasted away few days ago and we are looking to move inside her house but don’t want to make a mistake. My wife has a Will from her grandmother which state she is leaving the house to us. We are planning to start the probate process within the next 30 days.

Ilene L McCauley
Ilene L McCauley answered on Sep 14, 2021

I am so sorry for your loss.

A Last Will only has authority after the Last Will is admitted into probate and a Personal Representative is appointed. Find an attorney in Mohave County to help you . After the Last Will is admitted and the Personal Representative is appointed, the attorney...
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2 Answers | Asked in Probate for Arizona on
Q: My mother passed away this year in Maricopa county. Her house has about $144k in equity and I want to buy out 2 brothers

I am the personal rep of her estate. Will I need to do Deed of Distribution and quitclaim deeds for the two brothers? Also, one is in jail so what happens to his part of the buyout and how do I get those forms signed?

Ilene L McCauley
Ilene L McCauley answered on Sep 13, 2021

I am so sorry for your loss.

Real estate is complicated and having one sibling in jail makes this transaction very complicated. I urge you not to attempt this yourself.

I advise you to work closely with an attorney and a title company.

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2 Answers | Asked in Probate for Arizona on
Q: My father suddenly passed away from COVID and left no will. he lived with his mom I'm only child. He wasn't married.

My question is about his property. He had a truck, motorcycle, personal items and a bank account. My grandma said what's in the account he owes her so she gets that and she said the truck and other items aren't going anywhere until she says so. Is that legal? Is there something I have to... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 6, 2021

I am so sorry for your loss.

Unfortunately there may not be a simple answer to your questions. Assuming your father was not married, he had no other children, and he did not have any joint bank accounts with others, then you may be the sole heir.

I strongly urge you to set up a...
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1 Answer | Asked in Estate Planning for Arizona on
Q: In az my son passed away. My ex wife lives over 2000 miles away I am taking care of the bills and cremation.

Funeral home says need both parents permission. Tho he has not had any contact with mother in over 15 years. I had custody when he was a juvenile. He had said he wanted cremation for years. Does the funeral home need my ex wife's permission. She has no issues with the cremation. But the... Read more »

Ilene L McCauley
Ilene L McCauley answered on Jun 28, 2021

I am so sorry for your loss.

The law regarding burial and cremation in AZ is ARS 36-831. Cremation is not a right in Arizona. In order to be cremated one needs a cremation permit. In order to receive this permit the rule is generally that the decedent:

1. Has prepaid the...
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2 Answers | Asked in Estate Planning for Arizona on
Q: How do I add a family member to my deed as joint tenancy w/right of survivorship. House is free and clear.
Ilene L McCauley
Ilene L McCauley answered on Jun 9, 2021

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 »

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Is a holographic will valid if the testator is physically disabled, but is dictated and witnessed?
Ilene L McCauley
Ilene L McCauley answered on May 25, 2021

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 »

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1 Answer | Asked in Estate Planning for Arizona on
Q: Can a cheque for a discrepancy from my now deceased father's 401k be reissued and deposited to "the Estate of his name"?

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 »

Ilene L McCauley
Ilene L McCauley answered on Apr 13, 2021

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...
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2 Answers | Asked in Probate for Arizona on
Q: credit card debt claim made within 4 month probate window, claimant is debt collector, not CC co. Does estate pay?

The estate has the funds but CITIBANK had forwarded to a debt collector. Ascension point.

Ilene L McCauley
Ilene L McCauley answered on Mar 31, 2021

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 »

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1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Arizona on
Q: I have a question about my grandparents estate that is currently being held by the Department of treasury.

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 »

Ilene L McCauley
Ilene L McCauley answered on Mar 9, 2021

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...
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2 Answers | Asked in Estate Planning for Arizona on
Q: How do I go about writing a will in this situation?

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 »

Ilene L McCauley
Ilene L McCauley answered on Feb 26, 2021

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...
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1 Answer | Asked in Business Formation and Business Law for Arizona on
Q: I'm looking for a Business attorney that can help me prepare a Certificate/Resolution per the SBA request.

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 »

Ilene L McCauley
Ilene L McCauley answered on Feb 23, 2021

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.

3 Answers | Asked in Probate for Arizona on
Q: Father who was married when he expired had no will. What rights does the children have when it comes to his assets?

His assets include a condo, vehicles, and personal items.

Ilene L McCauley
Ilene L McCauley answered on Feb 8, 2021

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 »

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2 Answers | Asked in Estate Planning for Arizona on
Q: My dads significant other, not married, showd copy of trust disinheriting biokogical children and now she is acting ...

against his wishes. keeping his remains and estate. trust is not even two months old

Ilene L McCauley
Ilene L McCauley answered on Jan 27, 2021

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.

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4 Answers | Asked in Estate Planning and Real Estate Law for Arizona on
Q: My mom died and her husband died 10 months later. The home they had was in both names.

I found out that the husbands son has been paying the mortgage and taxes on the property. Am I entitled to anything?

Ilene L McCauley
Ilene L McCauley answered on Dec 17, 2020

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 »

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3 Answers | Asked in Probate for Arizona on
Q: Both my sister and I are joint executors on my dad’s estate. My sister is asking me to re-move/RE-enunciate myself?

My sister lives in Colorado & I live in Arizona...What would be the purpose in removing myself as executor?

Ilene L McCauley
Ilene L McCauley answered on Nov 17, 2020

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...
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2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for Arizona on
Q: Co-trustee and current beneficiary wants to resign and make me Trustee of Land trust - I'm successor and 2nd beneficiary

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 »

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

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 »

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Easiest, least expense way to deal with a $1,800 final disbursement payment made to my deceased fathers estate.

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 »

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

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...
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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Can my two brothers, who are and were living in my father's house stay in the home now that he's passed?

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.

Ilene L McCauley
Ilene L McCauley answered on Oct 5, 2020

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...
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