Get free answers to your Probate legal questions from lawyers in your area.
My rights are fully intact and dad is now in prison and the stepmother is not letting me see or speak to my children can I get the cops and go get my kids
answered on Jan 17, 2022
I think just showing up and taking the kids would do more harm than good, and most likely, the police aren't going to assist you; they will instead tell you that you need to go file with the Court.
If I were you, I'd file a Petition to Modify Legal Decision-making, Parenting... View More
I filed malpractice against that lawyer am I in the right track i know my friend since 2009 but moved in with him In 2016 I helped him a little to buy the home in 2018 .We wonder about documents that we notarize with PLLC lawyer he said we get something in mail.On august 24 2021 from Maricopa... View More
answered on Jan 14, 2022
This is a question that you should be asking the attorney who is helping you with the malpractice lawsuit. If you did not obtain any advice before filing the lawsuit, then that was a very big mistake. You could be wasting a lot of money.
No attorney in this forum can give you any kind of... View More
So my father has passed away, and I was labeled power of attorney. I have the death certificates, all the paperwork from his funeral services, and an open probate case for the house. I basically just need to know if I have authority to demand rent from people who resided in the house before my... View More
answered on Dec 5, 2021
The power of attorney automatically ended when your father passed away. If you have been appointed executor or personal representative or administrator of his estate then, yes, you have the authority to enforce any existing lease, including demanding rent pursuant to the lease. Or you can evict... View More
I need information on my parents who passed away and sister who is controlling the will and it's not allowing me any information on it of their state of their will of their house of any funds or any anything for that matter. What's the best way how to handle this matter?
answered on Nov 29, 2021
The State Bar of Arizona has a service where lawyers volunteer to work pro bono. or with out cost. Contact the State Bar directly. Someone will be able to help you.
FYI. The State Bar of Arizona may still be on lockdown. If you don't hear from them within a reasonable amount of... View More
So I lived with my grandma since I was 5 days old. She wanted the house to go to me when she died but they will got lost somehow. It's a really crazy story but yeah. I've tried having a lawyer and it didnt work out, came down to getting one last signature for probate and he wouldnt sign... View More
answered on Oct 22, 2021
There are not enough details here to give an answer, but please feel free to reach out if you’d like to discuss.
answered on Oct 16, 2021
I recommend that you consult with a probate attorney before taking any action. Since you have been ordered to post a bond, your appointment to serve as personal representative will not be made until the bond is posted. Any action attempted prior to your court appointment is unwise and will be... View More
I inherited my father’s share of a home that is titled “Tenancy in Common”. The other owner is his 2nd wife of 35 yrs. In his will, she has a life estate of my father’s share. My father passed 10 yrs ago. His will has not been probated; 50% of title is still in his name. The wife is... View More
answered on Sep 17, 2021
I am sorry for the loss of your father and all of these challenges.
Unfortunately I cannot answer your question about value of your interest, without reviewing your father's will, and without additional information. I strongly urge you to find an attorney in the county in which the... View More
My wife grandmother pasted away few days ago and we are looking to move inside her house but don’t want to make a mistake. My wife has a Will from her grandmother which state she is leaving the house to us. We are planning to start the probate process within the next 30 days.
answered on Sep 14, 2021
I am so sorry for your loss.
A Last Will only has authority after the Last Will is admitted into probate and a Personal Representative is appointed. Find an attorney in Mohave County to help you . After the Last Will is admitted and the Personal Representative is appointed, the attorney... View More
I am the personal rep of her estate. Will I need to do Deed of Distribution and quitclaim deeds for the two brothers? Also, one is in jail so what happens to his part of the buyout and how do I get those forms signed?
answered on Sep 13, 2021
The buyout can take various forms. The most straightforward version is to buy it from the estate for fair market value. The estate would then later split the money when the time comes.
My question is about his property. He had a truck, motorcycle, personal items and a bank account. My grandma said what's in the account he owes her so she gets that and she said the truck and other items aren't going anywhere until she says so. Is that legal? Is there something I have to... View More
answered on Sep 6, 2021
I am so sorry for your loss.
Unfortunately there may not be a simple answer to your questions. Assuming your father was not married, he had no other children, and he did not have any joint bank accounts with others, then you may be the sole heir.
I strongly urge you to set up a... View More
I need proof of serving her. And a petition to request to be PR.
answered on Aug 11, 2021
You’ll want to consult with an experienced probate attorney. This can be a complicated process.
answered on Aug 2, 2021
It sounds like you are asking what the statute of limitations is for a personal representative who does not fulfill his or her duties. The timeframe is two years for such.
answered on Jul 12, 2021
You can use either one. Just make sure you specify which it is.
My stepmom and father passed away within two weeks of each other. My dad survived her by 10 days. The deed to their house is set up for right to survivorship. For probate purposes is my dad the sole owner of the house (since she passed away before him) or is it community property (split equally in... View More
answered on Jul 10, 2021
The answer to this question is in a reading of the deed. That document controls what happens.
For most Arizona deeds for married couples, the title is held in community property with an additional paragraph or page that says upon death the share goes to the surviving spouse. Older deeds... View More
Due to an auto accident I had about 8 years ago, I sustained a concussion which resulted in a condition called Absent Seizers or Petit Mal Seizures. With proper medication which I ingest twice per day, I have not experienced one seizer since I started taking the medications. But since my recovery,... View More
answered on Jul 9, 2021
You can try one of these services:
Community Legal Services: (602) 258-3434
Legal Aid of Arizona: (480) 658-2552
Arizona Bar Foundation: (602) 340-7366
And, further to clarify, family law refers to divorce and child custody. You are most likely looking for a probate attorney to help you.
My mom got SSI direct deposited every month of $947. It is supposed to deposit to her account the 3rd of every month. However, her money has always hit a few days before that. She got her March check deposited on 02/26/2021. She paid her rent, bills, etc. She passed away on March 2nd with a whole... View More
answered on Jul 6, 2021
I am answering here just to let you know that this is not a family law question. This is a question for a probate attorney. Family law refers to divorce and child custody cases. I think that because it was labeled family law, you haven't received an answer because this isn't an issue... View More
answered on Jun 16, 2021
You need to petition the probate court to open a probate case (estate) and to have yourself appointed as the personal representative for the estate. A probate attorney can help you with this.
answered on May 24, 2021
What you describe does not sound like a holographic will, which is a will entirely in the handwriting of the person making it and signed by that person (even if not witnessed or notarized). So I believe that the short answer to your question is that the testator died without a will. As such,... View More
My sister and brother are executors of my mothers affairs. 9 years later my parents mtg servicing co sends statements to the estate of my parents both named both deceased. The deed is recorded with my name and the 2 executors. While 1 other brother and I are paying pymts taxes insurance and all... View More
answered on May 16, 2021
If nothing was filed with the courts, then they are only named as Executors, they have no power as they are not court appointed. I presume you are living in the property, but you need to speak with an attorney sooner rather than later. They are taking advantage of you, not following proper... View More
My step-dad left the house to my mom in his will. She never put it in her name. Both have passed. His wife illegally put the house deed in her name. We went through probate. I won. The judge said the wills are valid and she has no legal claim to the house. Illness,covid, and family deaths all hit... View More
answered on Apr 19, 2021
Typically you’ll need to record the deed of distribution with the Recorder’s Office to put the home in your name. You may need the assistance of an experienced probate attorney to ensure all was done correctly.
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