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Arizona Probate Questions & Answers
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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0 Answers | Asked in Probate for Arizona on
Q: How can two people file to become co-personal representatives of an estate without a will?

For context: Son died with no will, no spouse, and no children. Assets over 75k. Both parents are still alive and both want to become personal representatives to handle the estate together. The paperwork appears to only allow for one person to apply. What's the correct way for both to apply?... View More

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

0 Answers | Asked in Energy, Oil and Gas, Federal Crimes, Gov & Administrative Law and Probate for Arizona on
Q: How can I find my dad's minerals,estate house, trust, life ins, his wife hid it all from me in her aka names, software?

My dad had numerous MIneral rights but his wife lied to judge said I didn't exist and got lawyer, he was. Found guilty also but he helped her hide estate house, his trust, minerals, life ins, pension, bonds I've searched for yrs. I'm only heir, only child, and rep of estate,... 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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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

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1 Answer | Asked in Landlord - Tenant, Probate and Small Claims for Arizona on
Q: Tenant now deceased. No contact with son in 60+days. 5th wheel still on my property. What legal rights do I have

Tenant lived in his fifth wheel but on my land Tucson, AZ. His son was here in Nov just after his dad passed, not heard from him since. At that time no will was presented. Can I put a lien on 5th wheel? There is a title on fifth wheel but I do not know whose name it is under. Father and son had no... View More

James L. Arrasmith
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answered on Mar 31, 2024

As the landlord, you have certain legal rights in this situation, but it's important to proceed carefully and in accordance with Arizona law. Here are some steps you can consider:

1. Attempt to contact the son: Make reasonable efforts to reach out to the son and inform him of the...
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1 Answer | Asked in Probate for Arizona on
Q: Am I required to inform potential heirs lower than myself on a intestate succession of probate (informal) as executor?

I am a single child of a single father, so as I understand, everything will be inherited by me through Arizona state intestate law, but as an executor, I want to make sure I am doing everything right-- and avoiding costly and time consuming processes that aren't necessary. My father has a... View More

Anthony M. Avery
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answered on Feb 2, 2024

Consult with an AZ attorney about whether to file probate or not.

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
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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...
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1 Answer | Asked in Probate for Arizona on
Q: can a trustee of a supplemental needs trust ignore the terms for distribution to a charity & name himself a beneficiary?

the trustee of my brothers trust submitted a will supposedly written by my brother that named him as the trustee and stated that my brother wanted to leave half of everything to his church and the other half to the people closest and most helpful to him in the time leading up to his death. These... View More

Anthony M. Avery
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answered on Oct 31, 2023

Hire an AZ attorney to sue trustee for breach of fiduciary duty, conversion and an accounting. Time is critical as SOLs may already be busted.

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
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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.

1 Answer | Asked in Probate for Arizona on
Q: My husband took his life and his mom took possession of his belongings and his body, and now demanding his things.

We were married in secret in Mexico because his family has always been abusive. As far as they knew we were living together and engaged happily. We both made our wills after some difficult times we had with our health and his will is signed by myself and my mom and witnesses. My husband struggled... View More

Stephen M Vincent
Stephen M Vincent
answered on Aug 16, 2023

I'm sorry for your loss and all that you're going through with your spouse's mother.

You filed this under Family Law (which is divorce and child custody), Civil Litigation (lawsuits), and Wrongful Death (when you sue someone for killing a family member). What you need to do...
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1 Answer | Asked in Probate for Arizona on
Q: My brother died and left a will. I am the Executor of the will and was named his Personal Representative in the will.

Everything was left to me. Do I still need to go through probate?

Nina Whitehurst
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answered on Jul 26, 2023

Most likely yes. Probate IS the process by which wills are administered.

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

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