It will be 3 years in Oct house sold 2 months ago I need my money now and she knows this and is stalling the closing. She is putting me into dire straits. How do I get this info to the judge?
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answered on Sep 1, 2023
If you, as an heir, believe that the executor of the estate is unduly delaying the closing and distribution of the estate, it's crucial to take action to protect your interests. Start by communicating your concerns directly with the executor, emphasizing the urgency of your need for the... View More 
I and my wife are the beneficiary of an irrevocable trust (the settlor is deceased). After speaking with the trustee/attorney, we chose to not transfer the title out of the trust until my wife and I felt comfortable. In addition, my wife and I live in the home (and have since before the trust was... View More
answered on Jul 13, 2023
Have an experienced attorney in AZ examine your HOA covenants with a title examination of the residential property. Most probably, The Homeowner's Association enjoys written covenants in the real estate records that apply to each property and give it a right to impose the debt with priority... View More
How can I obtain legal rights to stay in my home for 6 mos
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
answered on Apr 7, 2023
Yes it says: "Lawyer-neutrals may also be subject to various codes of ethics, such as the Code of Ethics for Arbitration in Commercial Disputes prepared by a joint committee of the American Bar Association and the American Arbitration Association or the Model Standards of Conduct for... View More
Father passed in 2014. Mother passed in 2022.
answered on Apr 6, 2023
Assuming AZ house was owned JTWROS between parents, then when dad passed in 2014, the house effectively belonged solely to mother (even though nothing was recorded to reflect that). Then in 2022, the house became part of mother's probate estate. The Will giving the life estate probably governs... View More
Should the GRANTEE on the Quitclaim form be the name of our trust?
answered on Mar 24, 2023
In order to avoid tax problems and the potential loss of federal bankruptcy exemptions as well as state law exemptions, you definitely need to consult the attorney who set up your revocable living trust.
This is not a do-it-yourself project. Just like you would never ever try to set up a... View More
My sister had a beneficiary deed on her home in Arizona. The beneficiary is an ex-friend who is also the named executor of her estate. The mortgage was being paid through automatic payments from an account in South Carolina.(where she used to live) I am the beneficiary of that POD account. Because... View More
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answered on Mar 2, 2023
As a beneficiary of the POD account, you may have a claim to the funds in the account. However, whether the beneficiary of the deed is obligated to reimburse you for the mortgage payment may depend on the terms of your sister's estate plan and any applicable state laws.
If your... View More
The beneficiaries (I am one) are disputing the final Accounting provided by the Trustee for various reasons. The Trustee has retained counsel to push our hand, but in reviewing the Trust, there is a section regarding "Conflict Resolution" that specifically states thar arbitration should... View More
answered on Sep 28, 2022
Thank you for your question. Getting to arbitration is a process, which generally requires a law suit to be filed. The language seems clear but it is not. The language is saying that a lawsuit which is governed by arbitration is generally less expensive than a full blown law suit. Both choices... View More
Im just trying to do what I can he past away in 2018 and my own family hasn't done a thing I'll pay almost anything
answered on Sep 12, 2022
Thank you for your question. It is important that you know that transferring real estate under circumstances like this can be very complicated. I recommend that you work in stages. The first thing your must do is find out if your father is still the legal owner of the property. Contact a real... View More
answered on Aug 17, 2022
This sounds like you are attempting to use a beneficiary deed instead of a proper estate plan.
Beneficiary deeds are intended to be used for simple transfers of real property after a person's death. While what you are suggesting can be inserted in the deed, it is highly likely that... View More
In Arizona, we live together for 8 years. Trust has no Medical POA. Only a will. We moved 3 mos. ago to mfg home in my name. Boyfriends IRA (I am beneficiary) and healthy checking. Balance. Revocable Trust dated 2017, attorney disbarred in 2018. No e-file.
answered on Jul 21, 2022
"Now what?" is a really vague question, but I am answering with the presumption that your question is "how do I make my boyfriend my medical POA?" You need to execute a medical POA and provide the hospital a copy.
You can find the form for the State of Arizona here:... View More
Me and my sister are his heirs but my mom(divorced) is telling me that since the insurance company is rebuilding part of the house to keep it up to code, that they're actually going to charge for the repairs. Is that really true and what are mine and my sisters options? And does my mom have... View More
answered on Jul 18, 2022
An Arizona attorney could advise best, but your question remains open for two weeks. I'm very sorry about the loss of your father. Your question is a little bit complex and straddles a number of categories; I can only address the insurance-related ones. The insurance company's decision... View More
How do I protect my children from abusive relatives if something happens to me?
How long will it take to set up my Trust?
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answered on Jul 11, 2022
Probate is expensive, time-consuming, difficult and public. I am not a fan. I do try to design plans for my clients that avoid probate.
You can help protect your children from abusive relatives if you put their inheritance in a trust with a professional fiduciary in charge. That way an... View More
my uncle has yet to tell me anything about a trust my mother left me when she passed away almost 3 years ago I only know a little because of my brother telling me .I've asked my uncle about it and still nothing .I think he is trying to cause a hardship that way I would be inclined to sell my... View More
answered on Jun 17, 2022
When a person has a trust, it becomes irrevocable upon their death. The successor trustee of has a fiduciary and legal obligation to report to the beneficiaries of a trust.
At a minimum, assuming you are a beneficiary, you should have been provided with, at a minimum, a copy of the... View More
Plus he has a special clause for if one of the boys get disabled the trust is to help him and he does not get his 20%. Pays for other items medicare does not pay.
answered on Jun 2, 2022
I would recommend you talk to an attorney review the Trust. Trusts with special needs considerations are usually more complex than a regular trust. It is very likely the trust may only became irrevocable after the spouse passes away, not after the first person passes away. An attorney will need to... View More
In the case of divorce - Trust 1, which has a clause that names the beneficiary as spouse A & states distributions are not community property, owns an S corp (an LLC). The S corp paid distributions to spouse A, which were claimed jointly as non passive income in a community property state (AZ).... View More
answered on May 25, 2022
Unfortunately, you are asking a very difficult question. The answers hinge on the documents currently in place as well as the status of the divorce. The attorney will need to see if there is premarital agreement in place. If so, that agreement may control. We also need to look at the S... View More
My father passed away September 2021. He left several items in his will to me, and left many items unresolved in his estate. He lived on property owned by his 10 year long life partner (unmarried). The partner is not allowing anyone on site nor is she answering any requests for specific heavily... View More
answered on May 15, 2022
Unfortunately this happens too often. The life partner probably feels some entitlement and does not want to deal with the fact that she (or he) has no legal right to your father's property. It is concerning that this has been allowed to linger since September, but I your recommend drafting a... View More
The attorney that executed my mother's last will is refusing to meet with me for a review of the will. They are claiming they do not represent me, that I have to meet with my brother who is the Executor, and is also a named beneficiary. My brother is not an attorney. I believe the attorney is... View More
answered on Aug 4, 2023
At our law firm we do not talk to beneficiaries, only with the executor that hired us. We advised beneficiaries to look for their own attorney and legal representation.
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answered on Jul 25, 2023
Either offer her enough money for her to execute a deed to you of her interest....Or file suit for a Sale For Partition. This assumes you and her are tenants in common. You might want to have an AZ attorney search the title.
answered on Jun 29, 2023
There are several ways of doing that. A few examples are a life insurance policy that will give her the proceeds need to make payment or make sure she receives adequate funds from your estate plan to ensure the home is paid off. This question would definitely be best posed to an experienced estate... View More
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