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?
This estate appears to be small enough that it could be administered by using the small estate affidavit process provided all estate heirs cooperate. However, under Arizona law, provision must still be made for debt. Since the estate is small, perhaps some of the debt might be forgiven by the...Read more »
This is a complicated issue and you have provided insufficient facts to determine what your best options may be. I recommend reviewing this matter with a probate attorney. Your probate attorney can learn all of the facts and let you know what can be done at this time.
It is customary to sign a waiver at the time an estate is distributed. But you do not need to waive your rights. Instead, you may enforce your rights by bringing any claims or concerns you have before the Court. The Court will address your concerns and can order distribution. This process may...Read more »
In Arizona you can discharge your lawyer at any time-with or without cause. Once discharged, your lawyer will withdraw as counsel and you will be responsible for handling all pending matters in your probate case. This can be difficult under some circumstances. I recommend consulting with...Read more »
I am assuming that you and your ex did not have a domestic partnership agreement or other written agreement concerning the assets acquired during the course of your relationship. Absent such an agreement, and generally speaking, if your name is on the Deed to this home in addition to the mortgage,...Read more »
You could have legal consequences. It depends upon the facts of the situation and any document or agreement that you may have signed. I recommend speaking with an employment law attorney to learn your legal rights and options before making a decision.
A probate may be helpful because it would enable you to sell the home before it is foreclosed upon. This is an option that you might consider if there is substantial equity in the home. A probate would also allow you to sell the car. If the amount of equity in Mom's home is less than...Read more »
It should not go to the ex wife because of the divorce decree and because the divorce automatically terminated her right of survivorship under Arizona law. But she is now in a position to possibly take advantage. I recommend contacting a probate attorney immediately to take action to protect this...Read more »
I'm in a home rental which expires end of Jan2021. i was informed that the homeowners getting divorced, can i keep lease? Or can they terminate my lease? I have never missed a payment, i pay 2 weeks early and never had any complaints or issues. I want to stay... Do the homeowners have to honor... Read more »
The homeowners' divorce does not impair your rights under the lease and is not, by itself, grounds for lease termination. So long as you pay your rent, you should be allowed to complete your lease term unless your lease contains provisions that would allow the owners to terminate early.
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... Read more »
I’m just looking for any further legal information that I could be aware of. So that he knows what’s in state for him and also for me of course.He has not paid the mortgage for about a year since he moved out he does not pay electric bills water bills or even any other home repairs that were... Read more »
You and your friend remain partners in this home. He may continue to participate in any appreciation in value along with you. You can terminate the partnership by buying him out. You may need to refinance to do this. Or you can sell the home and divide the proceeds in a way fair to both of you....Read more »
She had no place to go after her lease was up back in charlotte NC. My fiance and I let her move in with us in Buckeye Arizona. She was told the rules in the household including: getting a job, coming home at a decent hour if she went out, assist in household chores, and pay for room and board... Read more »
Are you the owner of this home? Will you have your husband's support? If so, you and your husband can evict your husband's daughter. Governor Ducey has issued an Executive Order placing a temporary stay on residential evictions. If your circumstances are covered by this order, your...Read more »
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.... Read more »
I recommend contacting a probate attorney in the state where your father resided at the time of his death. It is not unusual that a probate has not been filed. A probate is not always needed. It depends upon the size of the estate, its asset mix and the prior planning done by your father. Your...Read more »
Was only 5m into 12m lease. Explained job loss (COVID). Landlord was understanding. Paid full rent ($1875) on the first, and was out on the 8th. Had also paid a full month of rent as security deposit and $500 in non-refundable cleaning fees. Was hoping landlord could get re-rented within the 7... Read more »
I recommend that you consult with a real estate attorney if your landlord makes a claim against you for additional rent. Your landlord must mitigate its damages under Arizona law and the reasonableness of the landlords attempt to re-rent is a fact issue for the judge to decide should a claim be...Read more »
Our last complex is charging us for a few additional things then expected. Most notably new carpets with pet sealant when only one needed to be replaced as it became loose after water heater issues last year. And for resealing the bathtubs (2) when I had been told in roughly Dec 2017 that... Read more »
You have the right to negotiate with your landlord to see if you can obtain a better result. If negotiation is unsuccessful you have the right to take the matter to court and ask a judge or hearing officer to decide the issue. But you need to be aware that, if you choose to go to court, it is...Read more »
It is legal to do as you suggest but I strongly recommend against handling a real estate transaction this way. You would be much better served and better protected to have a title company handle this matter so you will have a title insurance policy and know that you are getting clear title to the...Read more »
My dad has a will named his co executors as myself his dtr and his significant others dtr (they weren’t married). I want to follow my dads wishes and I feel like I have to hurry up and get everything done. She has done nothing other than sign documents to sell his house. I had to find the... Read more »
Where there co-executors it is not unusual for one of them to do most of the work. A co-executor can be removed by court order but I would not recommend spending estate assets for this procedure unless the co-executor's conduct is causing loss or damage to the estate. I recommend completing...Read more »
A prescriptive easement exists and a new property owner fenced the easement. Can the new property owner legally fence off the easement? Three other access roads exist, however, none of them are in good condition and are longer. Can the new owner be forced to remove the fence? And do the other... Read more »
This is not a question that can be easily answered here. The answer depends upon many facts that were not included in your fact summary, including but not limited to the history of the easement that has been fenced off. I strongly recommend that you have this matter reviewed by a real estate...Read more »
I am selling a residential rental property to the tenant. I have a contract with the old management company that requires I pay them 6% if selling within 180 days of the lease termination, even though I brought the tenant to them. I terminated the lease early and had a new lease signed. I also... Read more »
I strongly recommend that you consult with a real estate attorney. Your question cannot be answered without reviewing the contracts and other materials you mentioned, including correspondence between you and the management company. You can be sure that the management company will interpret its...Read more »
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