Ask a Question

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

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arizona Probate Questions & Answers
0 Answers | Asked in Probate for Arizona on
Q: How much power does the personal representative have

to clarify to all parties involved, this law firm represents the estate of Joel Manzutto SR and was approved to do so by his court appointed attorney and the court. Even though I am his personal representative I still have to abide by what this attorney does and all monies released have to be... View More

0 Answers | Asked in Family Law and Probate for Arizona on
Q: If I get legal guardianship or conservatorship over two adult males in which I'm also apart of will what could happen

If I get guardianship or conservatorship over two adult males who are rule 11 and are a part of the same trust or will that I am in with that Null and void my part of the trust or will or affect me in any negative way

0 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My Dad passed back 2023 it's becoming ever so clear that we our going to have to do probate.

We live in Arizona and at the time of his death he "lived" in California his whole life but didn't have a resident to go home to. At the time of his death he was " homeless " my Aunt kicked him out of there childhood home. He never got to change his address on anything.... View More

0 Answers | Asked in Estate Planning and Probate for Arizona on
Q: What can i do so that the partys in this case does not become legal representative?

I do not have a bond to give in order to be appointed for the estates representative but my sister does and there is 4 of us on the will that is my fathers but he handed the house down to my brother and he passed away as well but they say there is not a will for him supposedly..but my sister is... View More

0 Answers | Asked in Probate for Arizona on
Q: How long will the whole process take to end a conservator ship? My daughter just turned 18 years old

She was in a car accident a couple years ago. The settlement she received was put into an account with the courts. It seems like allot of stuff I know nothing about. I know dealing with the courts you have to file everything on your own if you miss something then it's all for nothing. I guess... View More

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

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

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

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.