Ryan K Hodges' answer If the house is auctioned for more than is owed, then the excess proceeds should be turned over to the trust. You would still receive your share from those excessive proceeds. The downside is that houses usually sell for less than at auction than they would in a private sale.
Ryan K Hodges' answer Having her on the deed is a good step. If the deed states that you own it jointly with rights of survivorship, then she will become the sole owner upon your death. This, however, does not remove or invalidate the mortgage in any way. The debt will still need to be paid.
Ryan K Hodges' answer The estate planning laws are different. However, Arizona will generally recognize a will that is validly executed in another state. You may still want to consult an attorney about your estate plan and documents.
Ryan K Hodges' answer If you are both on the deed with rights of survivorship, then upon the death of the first spouse, the survivor will automatically become the sole owner. However, this done eliminate liens or mortgages that may be against the property. Those will still apply.
Ryan K Hodges' answer Self-made wills can be valid just like ones done by attorneys. If it is type-written, it must be signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction and signed by at least two people, each of whom signed within a reasonable time after that person witnessed either the signing of the will or the testator's acknowledgment of that signature or acknowledgment of the will. Notarization is actually not...
Ryan K Hodges' answer Depending on the value of the properties, the heirs could use a small estate affidavit to transfer the properties to themselves without the need for a full probate. The court probably has the forms on its website, depending on what county they are in.
Ryan K Hodges' answer The amount of information you are entitled to depends on whether the assets are held in an estate or trust. If it is an estate, the personal representative must give you an initial inventory from the date of death and an income and expense report (i.e. accounting) from then until final distributions. If it is a trust, the trustee must provide similar information from time that the trustee is appointed, which is usually the date of death, but it may not be. See ARS Title 14, Chapter 3, Articles...
Peter H. Westby's answer This depends upon the instructions given to the Trustee in the Trust. It may be appropriate. If the Trust is unclear or if you believe that the Trustee is acting improperly, an action can be filed with the Court to address these issues. Where a Trustee is abusing his/her authority, the Trustee can be removed by the Court and a new Trustee appointed. I recommend that you review the facts of this matter with an Attorney. Once your attorney has reviewed the trust document and learned all of...
Ryan K Hodges' answer Because the estate is proceeding under NM law, you will need to ask NM attorney for sure. Frankly, the estate will probably need to sell the vehicles to clear title and pay off the lienholders.
Ryan K Hodges' answer If you grandma is still alive, then she would be the owner. If both of them are now deceased, then you may need to open a probate to transfer the deed to the property to the heirs.
Ryan K Hodges' answer You can do a new will that revokes the previous one and names a new personal representative. Alternatively, you can draft a codicil (i.e. will amendment) and name a new personal representative.
Ryan K Hodges' answer The Letters of Appointment or Letters of Personal Representative, as they are called in AZ, are issued by the court when the will is submitted to probate. This is done only after the death of the person. Having a will naming you as personal representative and gifting the assets to you is the first step. When you father passes, you may have to file for probate to get the Letters. There are other methods if your dad's estate is deemed to be a small estate at the time he passes.
Ryan K Hodges' answer The executor can make early distributions to the heirs before paying all the debts. However, if the debts exceed the assets retained, then the executor could be personally liable for the difference, or the heirs could be required to return the early distributions to pay the debts.
Ryan K Hodges' answer Another heir, such as yourself, can still open probate and continue the search for the child. The estate could then hire an investigator to assist in the search. If the child cannot be found in that process, Arizona has laws that may allow the child to be declared deceased if appropriate, then the Estate will be paid to other surviving heirs. Otherwise, the estate will be turned over to Arizona's unclaimed property division, and it will eventually go to the State if it remains unclaimed.
Ryan K Hodges' answer Recording an affidavit of death or the death certificate before recording the beneficiary deed is a good idea, but not required. You could record the beneficiary deed without doing this first, and it would still be valid.
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