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Arizona Probate Questions & Answers
0 Answers | Asked in Probate for Arizona on
Q: When personal representative failed to complete court order -- stole hm for her gain-sold things no inv given kept mny

I requested a inventory never been given one was never even notified she was trying to become there personal representative till I happen to see it in the court records ...try to have her removed judge left her as PR what can I do

1 Answer | Asked in Family Law and Probate for Arizona on
Q: If you feel the judge isn't making right decisions ..and isn't reading or listening to the facts or enforcing court ordr

Can the judge or court be sued for there actions ..has judged the trustee by the lies from the PR can prove the lies the pr told judge

Anthony M. Avery
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answered on Nov 19, 2024

Judge has immunity from suit. But you may need to file an appeal from whatever orders were entered. It will be expensive and difficult. Hopefully you have standing as a beneficiary, etc.

0 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Pr was ordered by judge to get house ready for sale and any offer.. must be ran by trustee for approval by 9-25-24..

Pr refused to do anything ..on 10-15-24 I saw she put the hm in her mom's name Karen Walsh she's Stepmom.. ..me or court has not been notified at all..I'm also being fined 7500 from city of PHX for not keeping yard up..I can't the PR asked the judge to not allow me to go on... View More

2 Answers | Asked in Probate for Arizona on
Q: Should I wait until I'm officially her Personal Representative to notify her creditors of her death, or start now?

My sister died recently with a lot of debt, including a trailer that may be condemned. Since becoming a PR in Arizona takes time, I want to know if I must wait to notify her creditors until it's official. My concern is that interest and late fees will increase her estate's debt.

Peter H. Westby
Peter H. Westby
answered on Nov 12, 2024

You may notify creditors of your sister's death now and ask them to close accounts, etc. But you will still need to publish a notice to creditors when the probate is opened. I recommend that you consult with a probate attorney before you take any action. From the information you provided,... View More

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1 Answer | Asked in Probate for Arizona on
Q: Can I file in Pima County to become her Personal Representative if my sister died in Maricopa County?

My sister died in Glendale on recently. She did not have a will. She does not have many assets, but she does have a fair amount of debt, including owing on a mobile home and lot where the trailer may be condemned (she was a hoarder and the trailer is in very bad condition).

Our mother is... View More

Nina Whitehurst
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answered on Nov 12, 2024

You need to file in the county in which your sister resided immediately prior to her death. If she lived in Pima County and then just happened to die while visiting Maricopa County then you could file in Pima County. But if she lived in Maricopa County when she died then you do need to file in... View More

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: I feel the guardian of my dads estate is abusing her power over me the beneficiary what lawyer is needed?

The guardian has taken her hate for me to another level. She won guardianship due to my lack of representation and now she is deleting me from all paperwork and refuses to hear me out. what kind of a lawyer do I need to bring her back to reality without her spending all of my dads money on her... View More

Peter H. Westby
Peter H. Westby
answered on Oct 25, 2024

I recommend that you hire an experienced attorney who practices in the area of probate, guardianships and conservatorships. Some of these firms also offer litigation services. Others do not. You need a firm with lawyers capable of litigating these issues in the event a strong letter does not... View More

1 Answer | Asked in Probate for Arizona on
Q: Can a property be taken through probate more than ones
Anthony M. Avery
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answered on Sep 25, 2024

The same tract of real property may go through Probate several times.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Can a will be in the form of a text message from the deceased?
Anthony M. Avery
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answered on Sep 23, 2024

No...

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Can a will be in the form of a text message from the deceased?

My cousin passed and intended.tonpass along everything to me he stated this in a text. He was not able to complete a formal will prior to his passing.

Peter H. Westby
Peter H. Westby
answered on Sep 16, 2024

A text message is not a will in Arizona. In most cases in Arizona, a valid will must be signed by the decedent and witnessed. Or it must be wholly in the decedent's handwriting and signed by the decedent. Your text message appears to be an indication of the decedent's intent at the end... View More

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: if you are guardian and conservator can you take the beneficiary's name off the trust and open one up in your name only
Peter H. Westby
Peter H. Westby
answered on Sep 12, 2024

If you are a guardian and conservator you are working under court supervision. It is strongly recommended that you be represented by counsel and clear all action with your attorney in advance of proceeding. You have provided insufficient information to properly evaluate the course of action you... View More

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: How do I get a letter of testamentary?
Anthony M. Avery
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answered on Aug 30, 2024

That would issue to the executor when a will is filed for probate.

1 Answer | Asked in Probate for Arizona on
Q: What form do I fill out and submit to court for removal and replacement of trustee
Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Jun 10, 2024

Unless there is some reason to submit anything to court, such as an ongoing case, there is no reason to submit anything to court. Trust administration is private.

You will need a new certificate of trust naming you as the trustee and if on consent an affidavit from the prior trustee...
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1 Answer | Asked in Probate for Arizona on
Q: I am not sure if deliberately stalling a lawsuit or court action is illegal

I am currently involved in a case to remove a trustee with my sibling I was informed that they have deliberately drug their feet in getting information to our lawyer. is there anything I can do about this. I can not speak to our lawyer without my sibling I can not email or have any communication... View More

Anthony M. Avery
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answered on Jun 7, 2024

You will need to hire your own AZ attorney.

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

1 Answer | Asked in Probate for Arizona on
Q: Probate law Q: I am the sole beneficiary and personal representative of my fathers annuity trust fund.

Need free legal advice on what to do to do, Completed all legal steps. Its been 8 years and no lawyer can provide information on how I can what my deceased father left me. I need to move forward with this. I look forward to a response for advice and or answers on my next steps to take in this... View More

Anthony M. Avery
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answered on May 9, 2024

Annuities are notorious for not paying out to designated beneficiaries. You might be able to sue the Annuity/Insurance company, but what court has jurisdiction will be a problem. SOL may have run, AZ law may not apply. Hire an attorney to sue in a local AZ Court or in Federal Court.... View More

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: Does title in AZ go back to original title after one person quik claim deeded his 50% to someone and they signed deed ba

My boyfriend and I own property in AZ Deed said 50% each with right to survivorship Boyfriend quik claim deeded his50% to someone and then that person was paid $8500 to sign back to my boyfriend! Now boyfriend dies and I want to sell! Is our title as it was when we purchased

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

I strongly suggest you order a title search and consult with an attorney because these transfers may have left you with only half of the property interest which means the other half belongs to your boyfriend's estate.

"Right of Survivorship" in Arizona only applies to married...
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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

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1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: My girlfriend is getting an inheritance from her dads will.Family lawyer says we have to pay a oath & stamp duty fee

and a nortization fee equaling to a totall of 130k. Im more curious to make sure its not a scam. The inheritance money wise is over 7 million and 65 acres of land.

Anthony M. Avery
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answered on Apr 17, 2024

GF needs to hire an AZ attorney to check out the Probate Action. Then he needs to look into the distribution itself. Notary fees do not justify $130K ever. However it sounds like there are other fees involved, not just for a notary. Also the Deed will need to be drafted correctly to convey... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law and Probate for Arizona on
Q: Can I file a motion to reconsider? Or appeal?

I have been going through a probate case as an heir against my 2 sisters one of which was appointed personal representative. It has been going on for over 2 years fron the beginning i have filed requests with the court for her removal, for the court's review of administration, all were... View More

Charles William Michaels
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Charles William Michaels
answered on Apr 3, 2024

I am not an Arizona attorney. But yes, I would file a motion to reconsider with the trial court.

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
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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

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