Ask a Question

Get free answers to your Estate Planning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arizona Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Arizona on
Q: Can a notary make you cross out a line in your will?

I went to a bank to get my simple will notarized and he would not notarize it unless I has a Doctors note saying I am of sound mind and body. I have never heard of such a thing. The will clearly states that I am stating I am over 18 yrs old, of sound body and mind, and under no constraint and... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2024

A notary cannot make you do anything. However you cannot make the notary seal a document either. You may wish to find another notary, and probably some witnesses. Better yet, hire an AZ attorney to draft and execute your Will. Apparently there is something clearly odd or wrong about the... View More

1 Answer | Asked in Land Use & Zoning, Probate, Energy, Oil and Gas and Estate Planning for Arizona on
Q: My dads wife hid assets and alot of mineral and oil rights so I can't find them.im rep of estate,only heir, how to find?

My dad and grandpa had alot of mineral rights I am rep of estate, only heir on,y child, his wife lied to judge and said he had no child I proved I am only child, she has

Gifted and illegally sold some if his assets that should of went to me when she passed, can't find estate house,... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. It sounds like you have been thrust into a difficult role as rep (do you mean administrator or executor?). Maybe the best thing for you do would be to consult with an attorney who handles wills, trusts, estates.... View More

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: What's my next move if after being named in the will (and by court) PR, someone has apparently petitioned as PR as well?

They have been given a case number as well. I would really like to keep this an informal probate. The other party is an estranged step father..HELP

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on May 7, 2024

Unfortunately, unless the estranged stepfather is going to withdraw voluntarily you are going to have to petition the court formally. I suggest that you may need legal counsel to advise you. A demand letter may be the first step to avoid any litigation, but if there is no positive response a formal... View More

View More Answers

1 Answer | Asked in Estate Planning for Arizona on
Q: Since my dad died does my mom get my paternal grandpa’s inheritance?

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

Gregory Christopher Poulos
Gregory Christopher Poulos
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

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Father passed away, his name forged on quitclaim, notary found to not be diligent and got commission revoked.

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

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

1 Answer | Asked in Estate Planning, Tax Law, Business Law and Securities Law for Arizona on
Q: LLC for brokerage trading account and investment account?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Can i sue my brother for a percentage of the sale of our dad's house?

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?

Marcus N. Seiter
Marcus N. Seiter
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

View More Answers

1 Answer | Asked in Estate Planning for Arizona on
Q: My husband changed his trust one month after his brain tumor diagnosis and died less than 2 months later. Legal?

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

David Gerszewski
David Gerszewski
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.

1 Answer | Asked in Family Law and Estate Planning for Arizona on
Q: My husband has a brain injury. I don't want him to get my money if something happens to me?

My daughter is on my checking and savings account and my husband is not.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Estate Planning for Arizona on
Q: My father passed away in December 2022. He had a Will and a Trust listing his 3 adult children as recipients of all

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

David Gerszewski
David Gerszewski
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.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: How can I correct an error on a Voluntary Administration Statement after it has been certified?

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!

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Arizona on
Q: My brother's girlfriend physically produced a quitclaim signature two days before his passing in a hospice facility.

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

Andre L. Pennington
PREMIUM
Andre L. Pennington
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.

1 Answer | Asked in Estate Planning for Arizona on
Q: Completed a will from a kit and had it notarized. No witnesses. Will this be valid when I die?
David Gerszewski
David Gerszewski
answered on Nov 30, 2023

In Arizona the Last Will and Testament will be valid, but it will not be self-proven.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Arizona on
Q: Quiet title.

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

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2023

Partition Sale is probably the only remedy here. Asking for contribution will most likely be denied.

1 Answer | Asked in Estate Planning for Arizona on
Q: Executor of estate has had estate attorney ask for a 2nd extention to close estate. I am an heir and I do not agree.

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?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Estate Planning for Arizona on
Q: Can an estate attorney refuse to have a (paid) Will review meeting with a named beneficiary and family member ?

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

David Gerszewski
David Gerszewski
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.

View More Answers

1 Answer | Asked in Estate Planning for Arizona on
Q: If I was on a deed with my sister and I'm wanting her to buy me off the deed how do I go about it? She's not cooperating
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Bankruptcy, Estate Planning and Foreclosure for Arizona on
Q: An irrevocable trust, property as an asset in that irrevocable trust, and collection of delinquent HOA fees in Arizona.

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

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: My domestic partner of 15 years justpassed and his daughter who doesn’t even live in this state is taking over my home.

How can I obtain legal rights to stay in my home for 6 mos

Marcus N. Seiter
Marcus N. Seiter
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

1 Answer | Asked in Estate Planning for Arizona on
Q: I have a home with a mortgage I want to make sure my fiance can pay the mortgage after I pass away how do I do that
Brigid M. Hopkins
Brigid M. Hopkins
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

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.