The answer to your question depends on a number of factors including how the title to the home was written and whether your parents had wills or a trust and what those documents stated. We would be glad to assist if you can provide our office with more information. As a child of your parents you...Read more »
Loan company was paid 19k from insurance. Deceased person left remaining balance of 1k due to late payments. Company asked for death certificate to pursue the executive of state but insist that I am liable for the remaining balance.
My mom was in the process of filing bankruptcy when she passed away 6 mo ago, but hadn't filed with court. I am successor trustee of her trust, but her attorney wouldn't release her file without a subpoena & retired within days of my contact with him. Without knowledge of who her... Read more »
It's generally good that the 4-month window has closed; however, there is a requirement to send a notice to all known creditors, as well. Creditors could argue that they are entitled to a notice directly. It depends on what steps you took to locate any known creditors. Another factor is how...Read more »
The Trustor was my Uncle, and he died in 2017. He and his ex-wife are co-trustees for the land trust, I believe his name is still on it because she couldn't get a death certificate (they divorced in 1987). The ex-wife wants to resign as co-trustee and walk away, leaving me the trust and... Read more »
In Maricopa County, AZ. Father was a widower with two equal heirs, myself and brother, he has (had) a will and trust document drawn up. I also obtained an estate EIN. His only account transferred as a POD account. No other assets, except this $1,800 check.
Even though this seems like a simple questions it is not. It is actually a very complicated question because the law is very complicated. It is complex in order to make certain that none of the people involved are committing fraud.
The intent was for them to regain strength and return to a senior facility in Wyoming. If they die here are they subject to Arizona laws such a probate for estate? The Will was created in Wyoming with only money as assets.
My ex mother in law died in a car accident 3 days ago, she didnt have a will but has stated to multiple people that I was the one that she wanted to be executor. she was suppose to get in writing but died before doing so. She was living with her boyfriend who is a drug addict and was abusive to... Read more »
Unfortunately, when people do not put their wishes in writing, problems arise. What she said before her death, without written proof, may no longer apply. Her children are the best ones to open probate to get control of her assets. I recommend working with...Read more »
The original Will allowed his wife to remain in the home until her death and then property would be transferred to us. 2 weeks before he died he changed the Will and left everything to her. We believe coercion was involved? What are our rights? How do we find out who his attorney is?
The first thing to do is to see the original will. If the wife has it she will need to submit it to probate court and the Clerk will then have the original. You have a right to see it and to question it, especially under the circumstances. One question I have is the value of the house, in...Read more »
Vehicle and some money, no other assets or debts. He and siblings are obviously heirs but do they need to officiate that they are? They need to get hos vehicle out of impound asap but only in dads name.
The time constraint adds an element that is more difficult to address without probate. However, here is some good information for small estates; the only things is the decedent has to be dead for at least 30 days for it to be used:
https://superiorcourt.maricopa.gov/llrc/prob_pbse1/...Read more »
My sister is not cooperating with me at all. She claims all papers including his Will, and Death Certificates were destroyed in a mysterious house fire last year. My dad left some property and money behind and I believe my sister has been lying about everything.
Since your Dad was a New Jersey resident you need a New Jersey lawyer to assist. Perhaps the lawyer could start with a letter to your sister. I recommend one of my law school classmates who is licensed in New Jersey, Micahel D. Carroll. Give him a call or send an email:...Read more »
they haven't been together in over 7 years and they only dated for 4. I can't even believe he had her on the account in the first place. Also, it was in a money market account not his checking shouldn't the money market account have a different beneficiary
It should not go to the ex wife because of the divorce decree and because the divorce automatically terminated her right of survivorship under Arizona law. But she is now in a position to possibly take advantage. I recommend contacting a probate attorney immediately to take action to protect this...Read more »
Motor vehicles has a small estate affidavit process which will probably work for you. There is a maximum value of $75,000 to use the Affidavit. However, as a result of COVID 19, MVD is not open. There are many independent vehicle title companies throughout...Read more »
Hello. I am sorry to hear of your loss, please accept my condolences.
The answer to your question would depend, in part, on what kind of estate planning your father had done. Your father's estate may have to go through the court process called probate in order to transfer assets to...Read more »
My mother passed away a month ago. I am successor trustee of her revocable trust and executor of her will (she resided in AZ). I plan on selling her property right away. Am I required to transfer title in c/o my name as TTE? It was suggested I file informal probate bc she owed a substantial amount... Read more »
There is a piece of information that may missing from your question. That is, whether the property was in the name of the trust or her name only. The answer to that question will help guide your question about which direction you have to go. If the house is in fact in the trust which your question...Read more »
For SSI, countable resources are limited to $2,000 for an individual and $3,000 for a couple. However, Social Security does not count the home the SSI recepient lives in and the land it is on. Therefore, you could transfer the home to the SSI recipient without affecting benefits if he does not...Read more »
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