My dad died 8 years after my grandpa before any disbursements. The trust says it will go to his children and grandchildren. There is also a part that mentions children preceding him in death and living issues getting their portion. My mom thinks since my dad was alive when my grandpa died that she... View More 
answered on Mar 31, 2024
In Arizona, an inheritance is generally considered to be separate property when received. If that applies your father's inheritance did not become community property. Therefore your mother is not entitled to the inheritance. However, in Arizona, spouses have significant inheritance rights and... View More
My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More
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answered on Mar 21, 2024
You need a real estate litigation attorney to file a lawsuit against your sister to have the deed declared void due to forgery. Do not delay. But in the meantime, if you get a whiff of the house going under contract then contact the escrow company and pointedly inform them that there is reason to... View More
I am a day trader with a 475 mark-to-market election, and I have a brokerage account where I am actively trading. I also have an investment account, in which I do not trade and a separate IRA account.
My husband runs a small company as a sole proprietor. Since his business carries a high... View More
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answered on Mar 14, 2024
Creating an LLC and transferring your brokerage accounts into it can provide an additional layer of asset protection, as it separates your personal assets from your husband's business liabilities. However, there are several factors to consider:
1. Charging order protection: Arizona... View More
My dad died and left his house to my brother. My brother sold the house and didnt give me the money he promised. Am i entitled to percentage of the sale?
answered on Mar 5, 2024
I am sorry that you lost your father. I am also sorry that your brother did not keep his promise to you. However, if your father gave his house solely to your brother outright and free of any trust as your brother’s inheritance, then you are not entitled to any proceeds of the sale when your... View More
The change he made was to transfer one half of his children's inheritance to his wife (the children's stepmother). This is a question for an Arizona lawyer - Tucson or Phoenix
answered on Jan 23, 2024
Assuming your husband was still of sound mind and the attorney followed all the Arizona state law requirements, it should be legal. You can contact an estate litigator and see if there is room to go to court to contest it.
My daughter is on my checking and savings account and my husband is not.
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answered on Jan 11, 2024
In Arizona, if you wish to ensure that your husband does not inherit your money, it's important to have a clear estate plan in place. This can include a will or trust that specifies how you want your assets distributed upon your death.
Since your daughter is already on your checking... View More
assets and a niece as Trustee. The 3 of us do not have a copy of the Will or Trust and have not had a meeting to have them explained to us by the lawyer. The lawyer will only talk to the Trustee and Trustee refuses to allow us to attend a meeting with her. She said all assets were in the Trust... View More
answered on Jan 4, 2024
The lawyer's position is right. The lawyer represents the trustee. You can hire your own lawyer to discuss matters with the trust lawyer if you want. Your cousin should still follow guidelines for administering the trust according to Arizona law.
I listed the wrong year, but the correct VIN number on the form for a car. The RMV in Arizona will not accept the form because I listed the wrong year. It should be 2013 Honda Civic, I listed it as 2014.
Thanks!
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answered on Jan 1, 2024
To correct an error on a Voluntary Administration Statement in Arizona, particularly one involving a vehicle's year of manufacture, you'll need to file an amended statement with the correct information.
Start by contacting the probate court where you filed the original Voluntary... View More
She payed $1,000 to have a notary present and legalize the quitclaim of his house, everything in it and a wishlist of his financial accounts to be used to support her. This was witnessed by my living brother and sister. When they asked what the signatures where for, she said they were just papers... View More
answered on Dec 17, 2023
Among other considerations, your brother had to knowingly know what he was doing without undue influence. It sounds like there may be issues with this transfer. You may want to consult with an experienced probate litigation attorney.
answered on Nov 30, 2023
In Arizona the Last Will and Testament will be valid, but it will not be self-proven.
My wife is one of four sisters on a family trust. We bought property from her parents through the trust. We paid on it for 5years. I started college in 2008. Her parents had us over for dinner and told us they didn't want us to make anymore payments while I was in college. Then 3years later... View More
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answered on Oct 11, 2023
Partition Sale is probably the only remedy here. Asking for contribution will most likely be denied.
It will be 3 years in Oct house sold 2 months ago I need my money now and she knows this and is stalling the closing. She is putting me into dire straits. How do I get this info to the judge?
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answered on Sep 1, 2023
If you, as an heir, believe that the executor of the estate is unduly delaying the closing and distribution of the estate, it's crucial to take action to protect your interests. Start by communicating your concerns directly with the executor, emphasizing the urgency of your need for the... View More
The attorney that executed my mother's last will is refusing to meet with me for a review of the will. They are claiming they do not represent me, that I have to meet with my brother who is the Executor, and is also a named beneficiary. My brother is not an attorney. I believe the attorney is... View More
answered on Aug 4, 2023
At our law firm we do not talk to beneficiaries, only with the executor that hired us. We advised beneficiaries to look for their own attorney and legal representation.
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answered on Jul 25, 2023
Either offer her enough money for her to execute a deed to you of her interest....Or file suit for a Sale For Partition. This assumes you and her are tenants in common. You might want to have an AZ attorney search the title.
I and my wife are the beneficiary of an irrevocable trust (the settlor is deceased). After speaking with the trustee/attorney, we chose to not transfer the title out of the trust until my wife and I felt comfortable. In addition, my wife and I live in the home (and have since before the trust was... View More
answered on Jul 13, 2023
Have an experienced attorney in AZ examine your HOA covenants with a title examination of the residential property. Most probably, The Homeowner's Association enjoys written covenants in the real estate records that apply to each property and give it a right to impose the debt with priority... View More
How can I obtain legal rights to stay in my home for 6 mos
answered on Jul 5, 2023
I am sorry for your loss. To fully answer your question, an attorney would need some more information like: (1) How was the home titled at your partner's death? (2) Did your partner have a valid estate plan (Will, Trust, etc.) that includes this home and, if so, does that plan spell out any... View More
answered on Jun 29, 2023
There are several ways of doing that. A few examples are a life insurance policy that will give her the proceeds need to make payment or make sure she receives adequate funds from your estate plan to ensure the home is paid off. This question would definitely be best posed to an experienced estate... View More
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answered on Jun 21, 2023
Usually the Trust Protector can be anyone, but you have to read the Trust Terms. If not a lawyer, that individual will not know what to do to protect the Trust purposes.
The home is to be sold and distributed among the beneficiaries of the trust
answered on Jun 12, 2023
I would recommend you talk to the successor Trustee of the Trust or have an attorney review the trust. A beneficiary may or may not be able to enter the house.
My husband and I own three homes in Arizona as CPWROS. He has agreed that my share on two homes can go to my beneficiaries if I pre-decease him. I would file a beneficiary deed to accomplish this. I am sure the titles need to be changed from CPWROS. What is the best way to title the property so... View More
answered on Apr 24, 2023
Your question is not as straightforward as you would think. It will depend how the houses are acquired as well. I would recommend you work with an estate planning attorney to design a strategy to accomplish your goals. A beneficiary deed will not necessarily accomplish it.
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