Get free answers to your legal questions from lawyers in your area.
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... View More 
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... View More
This was the email I received from SBA below
=======
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... View More
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.
His assets include a condo, vehicles, and personal items.
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... View More
against his wishes. keeping his remains and estate. trust is not even two months old
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.
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 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... View More
My sister lives in Colorado & I live in Arizona...What would be the purpose in removing myself as executor?
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... View 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... View More
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... View 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... View More
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... View 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.
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... 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
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... 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
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... View 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?
answered on Sep 21, 2020
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... View More
answered on Sep 21, 2020
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... View 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
answered on Sep 15, 2020
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... 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
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... 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
I am so sorry for your loss.
As you can see below, there is no simple answer to your question. The law is complex and the rules of Community Property even more so. The law seems clear, different facts and circumstances can change the result.
I would strongly advise you to contact... 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.
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
I am so sorry for your loss.
Generally speaking, when a husband and wife set up a trust the Trust is written so that the Trust assets stay in the trust, until both of them are gone.
If you believe that there are problems with this Trust, then I strongly urge you to bring a copy... View More
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 25, 2020
I am so sorry for your loss.
You can apply for copy of your father's death certificate online. I believe the office is:
Department of Health | Vital Statistics | Order a Vital Record www.state.nj.us › health › vital › order-vital
That being said, the situation... 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 7, 2020
I am so sorry for your loss.
I also believe it would be helpful to check with a litigation attorney, this type of situation is very difficult to litigate.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
