For example - from the time the executor of the estate gets the will or from the date of death - any processes have a time limit - forming the estate, any taxes that need to be handled etc.. is it reasonable to wait 6+ months to begin any of this process
Yes, there is a time limit and it is generally 2 years from date of death. A probate should be filed before this time to be "timely" although a "tardy" probate can be filed after 2 years with "restricted" letters. Generally, it is better to act sooner rather than...View More
In this home they left it because they had personal issues they had to take care of. Leaving us alone for several years to pay mortgage insurance in any other necessary payments. We did receive a letter saying they want to force Sale We did not agree because This is the only home we have and we are... View More
Due to many grammer and spelling errors this question is impossible to answer at this time. You need professional help and should get it. I recommend that you pay a lawyer to meet either in person (best) or via video chat (not as good as in person). Then discuss your situation to understand what...View More
What you describe does not sound like a holographic will, which is a will entirely in the handwriting of the person making it and signed by that person (even if not witnessed or notarized). So I believe that the short answer to your question is that the testator died without a will. As such,...View More
You don't have to sign anything until you have had the chance to review it with counsel. There are many fine probate lawyers in Arizona and the cost of a consultation will cost you very little and could save you thousands (or tens of thousands). Many of us will do virtual consultations after...View More
I am interested in writing a will, but I need two witnesses to this will. My brother, who will be receiving nothing from the will, will be one of the witnesses. Since I have no other witness, I was thinking about using a notary public from a bank to be my second witness. I have an account at a... View More
To sign a self-proving will in Arizona (which is the kind you want to have) you need 2 witnesses and a notary and everybody must be present with you when you sign. If I understand what you are proposing, you will be one witness short. In addition, your brother, if he is a beneficiary under the...View More
The answer to your question depends on a number of factors including how the title to the home was written and whether your parents had wills or a trust and what those documents stated. We would be glad to assist if you can provide our office with more information. As a child of your parents you...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.
This is a very good question as it involves "What is the resident state?" of your parent. Assuming that the intent is for him to reside here until he passes, he may be considered a resident of Arizona. Whe he passes we will recognize his valid Wyoming will and the will can be probated...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?
The first thing to do is to see the original will. If the wife has it she will need to submit it to probate court and the Clerk will then have the original. You have a right to see it and to question it, especially under the circumstances. One question I have is the value of the house, in...View More
Without seeing the trust, this is a difficult question to answer because there may be some provision for a distribution prior to the husband's death. If there is no such provision, then it is likely that the terms of the trust control, so that no distribution is possible prior to his death....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.
Since your Dad was a New Jersey resident you need a New Jersey lawyer to assist. Perhaps the lawyer could start with a letter to your sister. I recommend one of my law school classmates who is licensed in New Jersey, Micahel D. Carroll. Give him a call or send an email:...View More
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