Englewood, CO asked in Estate Planning for Arizona

Q: Non Arizona resident parent has been moved here so we can provide in home care.

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.

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3 Lawyer Answers
Ilene L McCauley
Ilene L McCauley
Answered
  • Estate Planning Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: 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 control. Money is an asset.

I recommend you make an appointment with an Arizona attorney, just to find out exactly what needs to be done.

Andre Lee Pennington
Andre Lee Pennington
PREMIUM
Answered
  • Estate Planning Lawyer
  • Waddell, AZ
  • Licensed in Arizona

A: The total facts and circumstances really matter. It's worth a sit down with an experienced attorney to discuss. It can be really important to get ahead of issues like this, so things run as smoothly as possible. It may also be worth looking into a trust or other mechanism for transfer that will avoid probate altogether.

Douglas Price
Douglas Price
Answered
  • Estate Planning Lawyer
  • Tempe, AZ
  • Licensed in Arizona

A: 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 here in Arizona. I assume that the will is "up to date" and contains his wishes in terms of what his property is and who are his heirs and beneficiaries. If not, and he is of sound mind, the will should be updated ASAP.

I have probated a number of out of state wills in Arizona without problems and, in our system, assuming everyone in the family is in agreement, this can be done without a huge expense and with no or minimal court hearings. I hope this information is helpful and invite you to contact me if you have further questions or concerns. I do recommend that you have the Wyoming will reviewed before his passing.

Doug

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