Lawyers, Answer Questions  & Get Points Log In
Arizona Elder Law Questions & Answers
1 Answer | Asked in Consumer Law, Elder Law and Probate for Arizona on
Q: If a relative would have been a benefactor in a legal settlement but they are deceased, who could file a claim and how?

A claim would have to be filed to be eligible for a percentage of a large sum. My aunt died 3 years ago and left some personal items from her estate as well as some of her paperwork of old financial records- just in case. Glad I hung onto them. But, she and her estate were under a county... Read more »

Peter H. Westby
Peter H. Westby answered on Mar 15, 2018

The personal representative of your aunt's estate is the one who should file any claims. As for the claim that was paid, you will need to know more about the claim, itself. One of the jobs of a fiduciary is to investigate claims, reject the poor ones and, where funds are available, determine... Read more »

1 Answer | Asked in Elder Law and Estate Planning for Arizona on
Q: Can the few stocks and bonds of my 87 year old mother, who lives in Phoenix, AZ be rolled into her existing Trust?

She is legally blind, due to macular degeneration, and may not be able to live in her home any longer. Her 93 year old partner, who provides much of her care, is terminally ill, hospitalized, and may not survive the month. I have legal power of attorney for my mother and am trying to secure... Read more »

Michael Gerity
Michael Gerity answered on Jul 28, 2017

It is hard to say without knowing more about the existing trust. However, in very general terms, property can usually be added to an existing trust without having to modify the underlying trust document, or at least with only having to modify the appended property list. With property such as a... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Arizona on
Q: My father is 90 years old. He established a last will & testament in 2007 and would now like to make some changes.

That is 10 years ago. He was told by his lawyer that he would need to have a letter from his doctor stating that he is of sound mind. I understand the reasoning, so that no one takes advantage of him, however, he is insulted that his lawyer would require him to have a doctor determine if he is... Read more »

Inna Fershteyn
Inna Fershteyn answered on Jun 30, 2017

Only if the lawyer thinks your father is or of his mind. I have elderly clients who are sharper than young ones. Get a new lawyer

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235...
Read more »

1 Answer | Asked in Elder Law for Arizona on
Q: With regards to AZ Rev Stat § 14-5412 (2015) -What does "breach of the obligation of the bond of the conservator" mean?

I was the Temporary Guardian and Conservator...and now have the current Conservator trying to sue my $100,000 bond with my surety company. Why is that even an option?

Adam Studnicki
Adam Studnicki answered on Jan 27, 2016

You can ask a lawyer to review the terms of the bond and surrounding circumstances.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation....
Read more »

1 Answer | Asked in Elder Law for Arizona on
Q: What questions do I need to ask an elder care attorney
Adam Studnicki
Adam Studnicki answered on Jan 15, 2016

All the questions you have about your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
Read more »

1 Answer | Asked in Elder Law for Arizona on
Q: How do I get a man out of my elder mom home she is now going to a skilled nursing facility he is a drug addict
Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

More information is needed to answer. An elder law or real estate lawyer can assist.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation....
Read more »

1 Answer | Asked in Elder Law for Arizona on
Q: My Mom is giving away her SS checks every month to a dating scam - how can I get her deemed unstable?

This has been going on for sometime and she will not listen to family. She believes he is real and will come and save her house. She stopped making payments and is now in foreclosure. She will not let anyone take over her money. She gets very angry if you try to ask to many questions or talk about... Read more »

Jake Causing Santos
Jake Causing Santos answered on Jun 3, 2012

Generally, you need to file an action in court to have your mother found mentally incompetent and to have the court appoint a legal guardian/conservator. However, the guardianship laws, requirements to be found mentally incompetent and the medical evidence required vary from state-to-state, so I... Read 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.